Which state's laws govern the Benjamin Franklin Plumbing agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
attorney's fees.
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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.
- 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.
Source: Item 22 — CONTRACTS (FDD pages 87–88)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the governing state law depends on the specific claim and the state where the franchisee is located. For franchisees in Rhode Island, the Rhode Island Franchise Investment Act governs any claim arising under that law, regardless of what the franchise agreement states. Similarly, for franchisees in Maryland, the Maryland Franchise Registration and Disclosure Law governs claims arising under that law, superseding any conflicting terms in the franchise agreement.
For North Dakota, each provision of an addendum to the franchise agreement is effective only to the extent that it meets the jurisdictional requirements of the North Dakota Franchise Investment Law. If these requirements are not met independently of the addendum, the addendum has no effect.
For prospective franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin, a questionnaire included in the Franchise Agreement does not apply.