Besides the modifications in the addendum, what is the status of the Benjamin Franklin Plumbing Franchise Agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the North Dakota Franchise Investment Law, with respect to each such provision, are met independently of this Addendum. This Addendum shall have no force or effect if such jurisdictional requirements are not met.
BENJAMIN FRANKLIN FRANCHISING SPE LLC FRANCHISEE (Print name of company):
RHODE ISLAND ADDENDUM TO THE FRANCHISE AGREEMENT
In recognition of the Rhode Island Franchise Investment Act, §§ 19-28.1-1 through 19-28.1-34, the parties agree to modify the Franchise Agreement as follows:
- Governing Law. Section 23.1 is amended by adding the following:
Notwithstanding the foregoing, Rhode Island law governs any claim arising under the Rhode Island Franchise Investment Act.
- Jurisdiction and Venue. Section 23.6 is amended by adding the following:
Notwithstanding the foregoing, you have the right to file any litigation under the Rhode Island Franchise Investment Act in Rhode Island.
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- 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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- This Addendum will have effect only if the Franchise Agreement and/or the relationship between you and Franchisor satisfy all of the jurisdictional requirements of the Rhode Island Franchise Investment Act, without considering this Addendum. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
Source: Item 22 — CONTRACTS (FDD pages 87–88)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, a Renewal Addendum modifies the existing Franchise Agreement when a franchisee renews their franchise. This addendum addresses specific aspects of the agreement, such as pre-opening obligations, the term of the agreement, renewal fees, and indemnification obligations.
For franchisees renewing their Benjamin Franklin Plumbing franchise, the addendum clarifies that pre-opening obligations are not applicable since they are already operating the business. It also replaces the original term section, stating that there is no contractual right to renew the franchise when the term expires, but Benjamin Franklin Plumbing may offer the opportunity to enter into a new agreement at its discretion. The franchisee must pay a renewal fee as described in the Prior Agreement, and indemnification obligations from the prior agreement remain in effect.
Several state-specific addenda also modify the Benjamin Franklin Plumbing Franchise Agreement to comply with local laws. For example, addenda for Rhode Island, Indiana, and North Dakota address governing law, jurisdiction, and the enforceability of certain provisions. These addenda ensure that the Franchise Agreement complies with state franchise laws and protect the franchisee's rights under those laws. Except as expressly modified by these addenda, the Franchise Agreement remains unmodified and in full force and effect.