Does the North Dakota Rider apply to the Better Blend Multi-Unit Development Agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
**NORTH DAKOTA RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, there is a North Dakota Rider to the Franchise Agreement. The title of the rider includes the phrase "[**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]". This indicates that the North Dakota Rider does indeed apply to the Multi-Unit Development Agreement, if such an agreement is in place.
The North Dakota Rider modifies the standard Franchise Agreement to comply with North Dakota law. Some key provisions address restrictive covenants, ensuring they adhere to North Dakota Century Code Section 9-08-06, and stipulate that franchisees are not required to arbitrate disputes in remote locations or consent to the jurisdiction of courts outside North Dakota. The rider also protects franchisees from being forced to accept liquidated damages, termination penalties, or waivers of jury trials.
Furthermore, the North Dakota Rider ensures that the Franchise Agreement is governed by North Dakota law and that franchisees do not waive exemplary or punitive damages. It also states that franchisees are not required to sign a general release upon renewal of the agreement or consent to limitations of claims, with the statute of limitations under North Dakota law applying. Finally, the rider specifies that the prevailing party in any enforcement action is entitled to recover all costs and expenses, including attorney's fees. These stipulations provide additional protections and clarity for franchisees operating in North Dakota.