Does the Illinois Rider modify the Better Blend Franchise Agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
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
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, the Illinois Rider does amend the Franchise Agreement for franchisees in Illinois. The rider includes specific provisions that supersede certain aspects of the standard agreement to comply with Illinois state law.
Specifically, the Illinois Rider addresses governing law, stating that Illinois law governs the agreement. It also voids any stipulations that would require the franchisee to waive compliance with Illinois law. The rider also clarifies the franchisee's rights upon termination and non-renewal, referencing sections 19 and 20 of the Illinois Franchise Disclosure Act.
Furthermore, the Illinois Rider addresses jurisdiction, stating that any provision designating jurisdiction and venue outside of Illinois is void, although it allows for arbitration to occur outside of Illinois. It also disclaims waivers of claims under state franchise law, including fraud inducement, and disclaimers of reliance on statements made by the franchisor or its representatives. These modifications ensure that Better Blend's franchise operations within Illinois adhere to the state's franchise regulations, providing additional protection to franchisees.