Does a Batteries Plus Bulbs franchisee waive rights provided through state franchise laws?

According to the 2025 Batteries Plus Bulbs Franchise Disclosure Document, the franchise agreement contains a provision addressing the potential conflict between the agreement's terms and applicable law. Specifically, Section 13(D) states that if any terms within Section 13 regarding the grounds for termination, cure rights, or minimum notice periods are inconsistent with applicable law, then the applicable law will take precedence over the agreement's conflicting terms.

This clause is included to ensure that Batteries Plus Bulbs franchisees are not forced to waive rights granted to them by state franchise laws, which often provide certain protections to franchisees regarding termination and renewal. This type of clause is relatively common in franchise agreements to ensure compliance with varying state laws and to protect the enforceability of the agreement.

For a prospective Batteries Plus Bulbs franchisee, this means that while the franchise agreement outlines the conditions under which the franchise can be terminated, those conditions are subject to the laws of the state in which the franchisee operates. If state law provides more protection to the franchisee than the franchise agreement, the state law will govern. This is a beneficial provision for franchisees as it provides an additional layer of protection beyond the terms of the franchise agreement itself.