What is the effect of the 'IN WITNESS WHEREOF' clause in the Bee Organized Franchise Agreement?
Bee_Organized Franchise · 2025 FDDAnswer from 2025 FDD Document
ion, that the jurisdictional requirements of the New York General Business Law, are met independently without reference to this amendment.
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- 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this New York amendment to Bee Organized Enterprises, LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
Source: Item 23 — RECEIPTS (FDD pages 54–218)
What This Means (2025 FDD)
According to the 2025 FDD, the "IN WITNESS WHEREOF" clause appears in several state-specific amendments to the Bee Organized franchise agreement. This clause signifies that the parties involved have officially executed and delivered the amendment to the Bee Organized Enterprises, LLC Franchise Agreement. This execution occurs on the same date as the original Franchise Agreement. The inclusion of this clause indicates a formal agreement to the terms outlined in the specific state amendment. These amendments address specific legal considerations within those states.
For franchisees, the "IN WITNESS WHEREOF" clause confirms that the state-specific amendment is legally binding. This is particularly important because these amendments often modify the standard franchise agreement to comply with state franchise laws. For example, several states like North Dakota, Rhode Island, and Virginia have specific amendments addressing issues such as choice of law, jury trial waivers, and termination rights. The clause ensures that both Bee Organized and the franchisee acknowledge and agree to these state-specific modifications.
It is important to note that these state-specific amendments often include provisions that protect the franchisee's rights under state franchise laws. For instance, many amendments state that no agreement signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by Bee Organized. This reinforces the franchisee's legal protections and ensures that the franchise agreement complies with local regulations. The "IN WITNESS WHEREOF" clause, therefore, serves as a formal acknowledgment of these protections.
In summary, the "IN WITNESS WHEREOF" clause in the Bee Organized Franchise Agreement and its state-specific amendments signifies the formal execution and delivery of the agreement, making it legally binding. This clause is crucial for ensuring that both Bee Organized and the franchisee are aware of and agree to the terms, especially those modifications made to comply with state laws and protect the franchisee's rights.