If a franchisee of Bens Soft Pretzels is a resident of Illinois, how does this affect the Franchise Agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
upersedes any other term of any document executed in connection with the franchise.
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- In all other respects, the Franchise Agreement will be construed and enforced according to its terms.
Each of the undersigned hereby acknowledges having read and understood this addendum and consents to be bound by all of its terms.
FRANCHISOR: Ben's Soft Pretzels Franchising Corporation FRANCHISEE:
ILLINOIS ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT
Item 17, Additional Disclosures. The following statement is added to Item 17:
The conditions under which your franchise can be terminated and your rights upon nonrenewal may be affected by Illinois law, 815 ILCS 705/19 and 705/20.
In conformance with Section 41 of the Illinois Franchise Disclosure Act any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, there are specific stipulations for franchisees in Illinois. An addendum to the Franchise Agreement is required for Illinois franchisees.
The FDD states that Illinois law may affect the conditions under which a Bens Soft Pretzels franchise can be terminated, as well as the franchisee's rights upon non-renewal, referencing Illinois law 815 ILCS 705/19 and 705/20. Furthermore, any provision that would bind a person acquiring a franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is considered void.
Additionally, any provision in the franchise agreement that designates jurisdiction and venue in a forum outside of Illinois is void according to Section 4 of the Illinois Franchise Disclosure Act. However, the agreement can stipulate that arbitration may occur outside of Illinois. Ultimately, Illinois law governs the franchise agreements for Bens Soft Pretzels franchisees operating in Illinois.