Which state's law governs the Beef O Bradys franchise agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary set forth in the Franchise Disclosure Document, the following provisions shall supersede and apply to all franchises offered and sold in the State of Wisconsin:
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- The following shall apply to Franchise Agreements and Area Development Agreements in the State of Wisconsin:
- a. The Wisconsin Fair Dealership Act, Wisconsin Statutes, Chapter 135 shall apply to and govern the provisions of Franchise Agreements and Area Development Agreements issued in the State of Wisconsin.
- b. That Act's requirement, including the requirements that, in certain circumstances, a franchisee receives ninety (90) days' notice of termination, cancellation, non-renewal or substantial change in competitive circumstances, and sixty (60) days to remedy claimed deficiencies, shall supersede the requirements of Article 16 of the Franchise Agreement and Article 9 of the Area Development Agreement to the extent they may be inconsistent with the Act's requirements**.**
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys Franchise Disclosure Document, the Wisconsin Fair Dealership Act governs franchise and area development agreements within the state of Wisconsin. This Act mandates that franchisees in Wisconsin receive a minimum of 90 days' notice for termination, cancellation, non-renewal, or significant changes in competitive circumstances. Additionally, franchisees are entitled to 60 days to address any claimed deficiencies.
This Wisconsin-specific regulation supersedes any conflicting terms in Article 16 of the standard Beef O Bradys Franchise Agreement and Article 9 of the Area Development Agreement. Therefore, franchisees operating in Wisconsin benefit from the stronger protections afforded by Wisconsin law regarding termination and renewal, regardless of what the standard franchise agreement stipulates.
For prospective Beef O Bradys franchisees, this means that if you plan to operate in Wisconsin, the franchise agreement will be interpreted and enforced under the Wisconsin Fair Dealership Act, which provides more extensive rights and protections than may be available in other states. This is a significant benefit, as it offers increased security and recourse in the event of disputes or termination issues with Beef O Bradys.