Under what condition will the addendum to the Benjamin Franklin Plumbing franchise agreement have effect?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
ion of Claims: Requiring North Dakota franchisees to consent to a limitation of claims. The statute of limitations under North Dakota law applies.
- J. Enforcement of Agreement: Requiring North Dakota franchisees to pay all costs and expenses incurred by the franchisor in enforcing the agreement. The prevailing party in any enforcement action is entitled to recover all costs and expenses including 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.
Source: Item 22 — CONTRACTS (FDD pages 87–88)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing FDD, the addendum's effectiveness is contingent upon meeting specific jurisdictional requirements. For North Dakota, each provision of the addendum is effective only if it independently meets the jurisdictional requirements of the North Dakota Franchise Investment Law. If these requirements are not met, the addendum has no force or effect.
Similarly, for Rhode Island and Indiana, the addendum will only be effective if the Franchise Agreement and the relationship between the franchisee and Benjamin Franklin Plumbing satisfy all jurisdictional requirements of their respective state laws (Rhode Island Franchise Investment Act and Indiana Code) without considering the addendum itself. This ensures that the addendum does not override or circumvent state franchise laws designed to protect franchisees.
For prospective Benjamin Franklin Plumbing franchisees, this means the addendum's terms are not automatically enforceable. Franchisees should be aware of their state's franchise laws and ensure that the addendum complies with those laws independently. If there are any inconsistencies or if the jurisdictional requirements are not met, the addendum may be deemed ineffective, potentially altering the terms of the franchise agreement. It is advisable to seek legal counsel to review the addendum and the Franchise Agreement to ensure compliance with applicable state laws and to understand the full scope of their rights and obligations.