Does the Ohio Rider to the Better Blend Franchise Agreement apply to the Multi-Unit Development Agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
ase upon renewal of the Agreement.
- (9) Limitation of Claims: Franchisee is not required to consent to a limitation of claims. The statute of limitations under North Dakota law applies.
- (10) Enforcement of Agreement: The prevailing party in any enforcement action is entitled to recover all costs and expenses including attorney's fees.
- 3. Effective Date. This Rider is effective as of the Effective Date.
BETTER BLEND FRANCHISING, LLC
**OHIO RIDER TO FRANCHISE AGREEMENT [**if applicable: AND MULTI-UNIT DEVELOPMENT AGREEMENT]
Franchising, LLC, an Ohio limited liability company ("Franchisee"). This Rider amends the Franchise Agreement [if applicable: and Multi-Unit Development Agreement] dated (the "Agreement"), between Better Blend ("BBF") and, a 1. Definitions. Code of Ohio, Title XIII, Chapter 1334. Capitalized terms used but not defined in this Rider have the meanings given in the Agreement. The "BOPA" means the Ohio Business Opportunity Act, codified in Revised 2. Franchisee acknowledges that BBF Applicability of BOPA. is providing this Rider out of constitutes an intent that BOPA apply to the transaction between BBF an abundance of caution, and that neither the execution of this Rider nor any other act of BBF admission by BBF and Franchisee or an concerning franchising," that the transaction fails to comply in any material respects with the trade 16 C.F.R. 436.1 et seq. regulation rule of the federal trade commission, "disclosure requirements and prohibitions 3. No Delivery of Goods or Services during Cancellation Period. delivery of any goods or provide any services during the time within which Franchisee may the Agreement as provided in Section 5 below. BBF will not commence cancel 4. In connection with the sale of the Jurisdiction franchise, any provision in the and Venue. Agreement restricting jurisdiction or venue to a forum outside of Ohio, or requiring the application 1334.01 to 1334.15 of the BOPA. of laws of another state, is void with respect to a claim otherwise enforceable under Sections 5. You, the franchisee, may cancel the transaction Cancellation. at any time prior to notice of cancellation for an explanation of this right.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the Ohio Rider to the Franchise Agreement may also apply to the Multi-Unit Development Agreement. The exact applicability is indicated by the phrase "[**if applicable: **AND MULTI-UNIT DEVELOPMENT AGREEMENT]" within the title of the Ohio Rider to Franchise Agreement.
This means that if the Multi-Unit Development Agreement is applicable, the rider amends both the Franchise Agreement and the Multi-Unit Development Agreement. Franchisees should carefully review the specific terms of the Ohio Rider to understand how it modifies their rights and obligations under both agreements.
The Ohio Rider includes provisions related to the Ohio Business Opportunity Act (BOPA), cancellation rights, jurisdiction and venue, and agent for service of process. These provisions are designed to protect franchisees in Ohio and ensure compliance with Ohio law. Prospective franchisees should pay close attention to the cancellation terms, which allow them to cancel the transaction within five business days of signing the agreement.
It is important for potential Better Blend franchisees in Ohio to carefully review the Ohio Rider in conjunction with both the Franchise Agreement and the Multi-Unit Development Agreement (if applicable) to fully understand their rights and obligations under Ohio law. Consulting with a legal professional is advisable to ensure a complete understanding of the implications of these agreements.