What law governs the Bath Tune Up Franchise Agreement in Illinois?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Illinois
Illinois law governs the Franchise Agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Franchisees' rights upon Termination and Non-Renewal are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
THE FRANCHISOR RESERVES THE RIGHT TO IDENTIFY "KEY ACCOUNTS" WITHIN YOUR TERRITORY. THE FRANCHISOR, ITS AFFILIATES AND OTHER FRANCHISEES MAY SERVICE A "KEY ACCOUNT" WITHIIN YOUR TERRITORY – WITH NO COMPENSATION PAID TO YOU – IF YOU DECLINE TO PARTICIPATE IN KEY ACCOUNT REFERRALS.
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 52–222)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, Illinois law governs the Franchise Agreement for franchisees operating in Illinois. The FDD specifies that any provision in the franchise agreement that designates jurisdiction and venue in a forum outside of Illinois is void, as per Section 4 of the Illinois Franchise Disclosure Act. However, the agreement can stipulate that arbitration may occur outside of Illinois. This means that while lawsuits must be handled within Illinois, alternative dispute resolution like arbitration can take place elsewhere.
Additionally, the Bath Tune Up FDD states that franchisees' rights upon termination and non-renewal are protected by sections 19 and 20 of the Illinois Franchise Disclosure Act. Furthermore, in accordance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation, or provision that attempts to force a franchisee to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This ensures that franchisees cannot unknowingly or unwillingly give up their legal protections under Illinois law.
It is important for prospective Bath Tune Up franchisees in Illinois to understand these stipulations, as they provide a legal framework that protects their rights within the state. The FDD also clarifies that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under Illinois franchise law, including claims related to fraud in the inducement, or disclaim reliance on statements made by the franchisor. This provision supersedes any other conflicting terms in any document executed in connection with the franchise, reinforcing the protection afforded to franchisees under Illinois law.