What is required for an amendment to the Belocal franchise agreement to be binding?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
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FRANCHISOR: N2 Franchising, Inc. a Delaware corporation
AMENDMENT TO N2 FRANCHISING, INC. FRANCHISE AGREEMENT FOR THE STATE OF VIRGINIA
The N2 Franchising, Inc. Franchise Agreement between ________________________ ("Franchisee," "you," or "your") and N2 Franchising, Inc. ("Franchisor") of even date herewith ("Agreement"), is hereby amended by the addition of the following language, which will be considered an integral part of the Agreement ("Amendment"):
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- The following statement is added to the Agreement: No statement, questionnaire, or acknowledgment 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.
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- Each provision of this Amendment will be effective only to the extent that the jurisdictional requirements of Virginia law applicable to the provision are met independent of this Amendment. This Amendment will have no force or effect if such jurisdictional requirements are not met.
FRANCHISOR: N2 Franchising, Inc. a Delaware corporation
AMENDMENT TO N2 FRANCHISING, INC. FRANCHISE AGREEMENT FOR THE STATE OF WASHINGTON
The N2 Franchising, Inc.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the requirements for an amendment to the franchise agreement to be binding depend on the jurisdiction. For instance, amendments for franchisees in Maryland, New York, Virginia, Washington, South Dakota and Wisconsin include specific stipulations.
For example, in Virginia, South Dakota, and Wisconsin, an amendment is only effective if the jurisdictional requirements of the respective state's law applicable to the provision are met independently of the amendment. If these jurisdictional requirements are not met, the amendment has no force or effect. Additionally, these states include a statement ensuring that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under state franchise law or disclaim reliance on franchisor statements.
In Maryland, the franchise agreement is amended to be consistent with Maryland law, particularly regarding termination, transfer, non-renewal, and franchisee rights. The amendment ensures that general releases do not apply to liabilities under Maryland law, and franchisees can bring lawsuits in Maryland for claims arising under the Law, unless preempted by the Federal Arbitration Act. Similarly, amendments for franchisees in New York, Washington, Hawaii, and Indiana include a statement ensuring that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under state franchise law or disclaim reliance on franchisor statements. In Indiana, each provision of the amendment will be effective only to the extent that the jurisdictional requirements of Indiana law applicable to the provision are met independent of this Amendment. This Amendment will have no force or effect if such jurisdictional requirements are not met.