Does the Better Blend franchise agreement allow a franchisee or its owners to violate any existing agreements by entering into the franchise agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
o liability or obligation of any kind to a Provider arising prior to the effective date of transfer or deletion. Franchisee agrees to take all reasonable steps necessary to effectuate the transfer or deletion (as determined by BBF) of each Brand Account.
[Signatures on next page]
Executed by: [if an individual:] [if an entity:]
EXHIBIT J
STATE ADDENDA TO AGREEMENTS
**ILLINOIS RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]
This Rider amends the Franchise Agreement [if applicable: and Multi-Unit Development Agreement] dated (the "Agreement"), between Better Blend Franchising, LLC, an Ohio ("BBF") and, a limited liability company ("Franchisee"). 1. Governing Law. Illinois law governs the Agreement. 2. lawsuit filed under any of the pursuant to the provisions of Title 9 of the United States Code. Waivers Void. In conformance with Section 41 of the Illinois Franchise Disclosure Act, notwithstanding any provision of the Agreement to the contrary, any condition, stipulation, or provision purporting to bind Franchisee to waive compliance with any provision of the Illinois Act or any other law of the State of Illinois is void. This Section shall not prevent Franchisee from entering into a settlement agreement or executing a general release regarding a potential or actual provisions of this Act, nor shall it prevent the arbitration of any claim 3. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any Jurisdiction. provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the outside of Illinois. State of Illinois is void. However, a franchise agreement may provide for arbitration to occur 4. Franchisee's rights upon Termination and Non-Renewal are Termination/Non-Renewal. set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act. 5. Disclaimers. of: (i) waiving any claims under any applicable state franchise law, including fraud document executed in connection with the franchise. No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect 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 Agreed to by: BETTER BLEND FRANCHISING, LLC
**INDIANA RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]
| Agreement] | (the "Agreement"), between Better Blend Franchising, |
|---|---|
| dated | |
| LLC, an Ohio | ("BBF") and, a |
| limited liability company | |
| ("Franchisee"). |
- 1. Definitions. Capitalized terms used but not defined in this Rider have the meanings given in the Agreement. The "Indiana Acts" means the Indiana Franchise Act and the Indiana Deceptive Franchise Practices Act.
- **2.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
Based on the 2024 Better Blend Franchise Disclosure Document, the franchise agreement does not explicitly allow a franchisee or its owners to violate any existing agreements they may have when entering into the Better Blend franchise agreement. However, certain state addenda included in the FDD address the enforceability of waivers and other provisions that might conflict with state laws.
For example, the Illinois Rider states that any condition, stipulation, or provision purporting to bind the franchisee to waive compliance with any provision of the Illinois Act or any other law of the State of Illinois is void. Similarly, the New York Rider specifies that a franchisee is not required to assent to a release, assignment, novation, waiver, or estoppel that would relieve Better Blend from any duty or liability imposed by New York General Business Law. These riders suggest an intent to ensure compliance with state laws and protect franchisees from inadvertently waiving rights or violating state-specific regulations.
While the FDD does not contain a clause that directly addresses the violation of existing agreements, prospective franchisees should carefully review all agreements they are currently bound by to ensure there are no conflicts with the Better Blend franchise agreement. It is advisable to seek legal counsel to assess any potential conflicts and ensure full compliance with all existing obligations before signing the Better Blend franchise agreement.