Does the New York Rider apply to the Better Blend Multi-Unit Development Agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
**NEW YORK RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]
Agreement] dated This Rider amends the Franchise Agreement [if applicable: and Multi-Unit Development (the "Agreement"), between Better Blend Franchising, LLC, an Ohio limited liability company ("Franchisee"). ("BBF") and, a 1. Capitalized terms used but not defined in this Rider have the meanings given Definitions. in the Agreement. 2. Waivers Not Required. would relieve BBF Business Law, Article 33 (the "New York Franchise Law"). Notwithstanding any provision of the Agreement to the contrary, Franchisee is not required to assent to a release, assignment, novation, waiver or estoppel which or any other person from any duty or liability imposed by New York General 3. Waivers of New York Law Deleted. Agreement purporting to bind Franchisee New York Franchise Law, or any rule promulgated thereunder, is hereby deleted. Any condition, stipulation, or provision in the to waive compliance by BBF with any provision of the 4. Governing Law. Notwithstanding any provision of the Agreement to the contrary, the New York Franchise Law shall govern any claim arising under that law. 5. Effective Date. This Rider is effective as of the Effective Date.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the New York Rider can apply to the Multi-Unit Development Agreement. The title of the rider explicitly states that it amends both the Franchise Agreement and the Multi-Unit Development Agreement, if applicable. This means that if a franchisee is entering into a Multi-Unit Development Agreement with Better Blend in New York, the terms of the New York Rider will be integrated into and modify that agreement.
The New York Rider includes several provisions that are important for a prospective Better Blend franchisee in New York to understand. It clarifies that the franchisee is not required to waive any rights or release Better Blend from any duties or liabilities imposed by New York General Business Law, Article 33, also known as the New York Franchise Law. Furthermore, any part of the agreement that attempts to waive compliance with the New York Franchise Law is deleted. This ensures that the franchisee retains the full protection of New York law.
Additionally, the New York Rider specifies that the New York Franchise Law governs any claim arising under that law, overriding any conflicting provisions in the standard franchise agreement. The rider becomes effective as of the effective date of the franchise agreement. This ensures that franchisees operating in New York are subject to specific legal protections and rights afforded to them under New York state law, regardless of what the standard Better Blend franchise agreement might otherwise state. Therefore, prospective franchisees should carefully review the New York Rider to fully understand their rights and obligations under New York law.