Does the Illinois Rider apply to both the Franchise Agreement and the Multi-Unit Development Agreement for Better Blend?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
**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
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the Illinois Rider to Franchise Agreement applies to both the Franchise Agreement and the Multi-Unit Development Agreement, if applicable. The rider specifically states that it amends the Franchise Agreement and, if applicable, the Multi-Unit Development Agreement.
Several provisions within the Illinois Rider are designed to protect the franchisee's rights under Illinois law. For example, the rider specifies that Illinois law governs the agreement and that any provision requiring the franchisee to waive compliance with Illinois law is void. It also addresses jurisdiction, stating that any provision designating jurisdiction and venue outside of Illinois is void, although arbitration may occur outside of Illinois.
Furthermore, the rider outlines the franchisee's rights upon termination and non-renewal as set forth in the Illinois Franchise Disclosure Act. It also clarifies that no statement or acknowledgement signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by the franchisor. This ensures that franchisees are not inadvertently waiving their legal rights through standard documentation.