Does Beyond Juicery Eatery acknowledge that other developers and franchisees may have different agreement terms?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| LLC | Area | Development | Agreement | between | ||||||
|---|---|---|---|---|---|---|---|---|---|---|
| ("Developer" or "You") and Beyond Juicery + Eatery Franchising, | ||||||||||
| LLC, a Michigan | limited liability company ("Franchisor," "we" or "us") dated, 20 | |||||||||
| (the "Agreement") shall be amended by the addition of the following language, which shall be | ||||||||||
| considered an integral part of the Agreement (the "Amendment"): |
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- In recognition of the requirements of the Washington Franchise Investment Protection Act, Washington Rev Code §§19.100.010 – 19.100.940, the Area Development Agreement for Beyond Juicery + Eatery Franchising, LLC is amended as follows:
- The Washington Franchise Investment Protection Act provides you rights concerning non-renewal and termination of the Area Development Agreement. If the Agreement contains a provision that is inconsistent with the Act, the Act shall control.
- Section 8 requires you to sign a general release as a condition of renewal or transfer. Such release shall exclude claims arising under the Washington Franchise Investment Protection Act.
- Section 19 requires litigation or arbitration to be conducted in the State of Washington; the requirement shall not limit any rights you may have under the Washington Franchise Investment Protection Act to bring suit in the State of Washington.
- Provisions such as those that unreasonably restrict or limit the statute of limitations period for claims under the Act, or restrict or limit rights or remedies available to you under the Act, such as a waiver of the right to a jury trial, may not be enforceable.
- Transfer fees are collectable to the extent that they reflect Franchisor's reasonable estimated or actual costs in effecting a transfer.
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- Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Washington Law applicable to the provisions are met independently of this Addendum. To the extent this Addendum shall be deemed to be inconsistent with any Terms or conditions of said Area Development Agreement or exhibits or attachments thereto, the Terms of this Addendum shall govern.
IN WITNESS WHEREOF, each of the undersigned hereby acknowledges having read this Addendum and understands and consents to be bound by all of its terms.
BEYOND JUICERY + EATERY FRANCHISING, LLC YOU
ADDENDUM TO AREA DEVELOPMENT AGREEMENT FOR BEYOND JUICERY + EATERY FRANCHISING, LLC FOR THE STATE OF WISCONSIN
| The | Beyond | Juicery | + | Eatery | Franchising, | LLC | Area | Development | Agreement | between |
|---|---|---|---|---|---|---|---|---|---|---|
| ("Developer" or "You") and Beyond Juicery + Eatery Franchising, LLC, a | ||||||||||
| Michigan | limited liability company ("Franchisor," "we" or "us") dated, 20 (the "Agreement") shall be amended by the addition of the following language, which shall be considered an integral part of the Agreement (the "Amendment"): |
WISCONSIN MODIFICATIONS
The Securities commissioner of the State of Wisconsin requires that certain provisions contained in franchise documents be amended to be consistent with Wisconsin Fair Dealership Law, Wisconsin Statutes, Chapter 135 ("Fair Dealership Law"). To the extent that the Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
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- The Wisconsin Fair Dealership Law, among other things, grants You the right, in most circumstances, to ninety (90) days' prior written notice of non-renewal and sixty (60) days within which to remedy any claimed deficiencies. If the Agreement contains a provision that is inconsistent with the Wisconsin Fair Dealership Law, the provisions of the Agreement shall be superseded by the Law's requirements and shall have no force or effect.
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- The Wisconsin Fair Dealership Law, among other things, grants You the right, in most circumstances, to ninety (90) days' prior written notice of termination and sixty (60) days within which to remedy any claimed deficiencies. If the Agreement contains a provision that is inconsistent with the Wisconsin Fair Dealership Law, the provisions of the Agreement shall be superseded by the Law's requirements and shall have no force or effect.
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- If the Agreement requires that it be governed by a state's law, other than the State of Wisconsin, to the extent that any provision of the Agreement conflicts with the Wisconsin Fair Dealership Law such provision shall be superseded by the law's requirements.
Each provision of this Amendment shall be effective only to the extent that the jurisdictional requirements of the Wisconsin law applicable to the provision are met independent of this Amendment. This Amendment shall have no force or effect if such jurisdictional requirements are not met.
IN WITNESS WHEREOF, the Developer on behalf of itself and its Principals acknowledges that it has read and understands the contents of this Amendment, that it has had the opportunity to obtain the advice of counsel and that it intends to comply with this Amendment and be bound thereby. The parties have duly executed and delivered this Amendment to the Agreement on , 20 BEYOND YOU JUICERY + EATERY FRANCHISING, LLC
EXHIBIT D
EXHIBIT D
ELECTRONIC FUNDS TRANSFER (EFT) AUTHORIZATION
***FRANCHISEE***
Automatic Debit of Amount Due to Franchisor Restaurant: ***FRANCHISEE*** d/b/a ***Authorized Assumed Name***
I, the authorized representative and agent for the Restaurant for the account identified below referenced, authorize Beyond Juicery + Eatery Franchising, LLC (referred to as "Franchisor") to debit on every Wednesday from Franchisee's bank account, the amount of Royalty and Marketing Fee due to the Franchisor based on Gross Sales of the above referenced Beyond Juicery + Eatery® Restaurant, and any Late Fees or Interest, for each and every preceding week, ending on Sunday, and any other fee that may be due and owing to Franchisor or any affiliate of Franchisor. I also authorize Franchisor to debit any other fees and purchases associated with the Restaurant including but not limited to the Marketing Fee, liquidated damages, non-compliance fees, the required local advertising expenditures not incurred, required purchases, as well as any other fees and amounts that may become due to Franchisor or any affiliate of Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 FDD, Beyond Juicery Eatery acknowledges that agreement terms may vary among developers and franchisees, particularly concerning state-specific legal requirements. Several addenda to the Area Development Agreement address specific state laws, such as those in Washington, Hawaii, Illinois, and New York. These addenda modify the standard agreement to ensure compliance with local franchise investment protection acts and other relevant statutes. For example, the Illinois law modifications stipulate that any provision designating jurisdiction and venue outside of Illinois is void, although arbitration may still occur outside the state. These modifications highlight that the terms of the Area Development Agreement can be adjusted to align with state regulations.
These state-specific addenda also address issues such as non-renewal, termination, transfer of agreements, and required releases, ensuring that franchisees' rights are protected under local laws. For instance, the addendum for Hawaii states that the Hawaii Franchise Investment Law will control if any provision in the agreement is inconsistent with it. Similarly, the New York addendum specifies that the franchisor cannot transfer its obligations unless the transferee can fulfill them under New York's General Business Laws. These provisions demonstrate Beyond Juicery Eatery's willingness to adapt its agreements to comply with diverse legal landscapes.
Furthermore, the FDD includes clauses that prevent franchisees from waiving their rights under state franchise laws or disclaiming reliance on statements made by the franchisor. This is particularly evident in the Illinois law modifications, which explicitly state that no acknowledgment signed by a franchisee can waive compliance with the Illinois Franchise Disclosure Act. This commitment to legal compliance and franchisee protection suggests that Beyond Juicery Eatery is aware that agreement terms may need to be flexible to accommodate varying legal requirements across different states. Prospective franchisees should carefully review any state-specific addenda to understand how their agreement may differ from the standard form.