factual

Does Beyond Juicery Eatery consider the conditions for transfer to be reasonable and necessary?

Beyond_Juicery_Eatery Franchise · 2025 FDD

Answer 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"):
    1. 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.
    1. 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:

    1. 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.
    1. 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.
    1. 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.

Source: Item 23 — RECEIPTS (FDD pages 60–337)

What This Means (2025 FDD)

Based on the 2025 Franchise Disclosure Document, Beyond Juicery Eatery addresses the conditions for transfer in the context of specific state laws. For instance, in Washington, transfer fees are deemed collectable only to the extent that they reflect Beyond Juicery Eatery's reasonable estimated or actual costs in executing the transfer. Similarly, in New York and Hawaii, any required general release as a condition of transfer must exclude claims arising under their respective franchise investment laws. These stipulations suggest that Beyond Juicery Eatery aims to align its transfer conditions with the legal requirements of these states, particularly concerning financial and legal liabilities.

These addenda to the Area Development Agreement highlight Beyond Juicery Eatery's awareness of and adaptation to varying state franchise laws. By acknowledging the Washington Franchise Investment Protection Act, the General Business Laws of New York, and the Hawaii Franchise Investment Law, Beyond Juicery Eatery demonstrates an effort to ensure that its franchise agreements do not infringe upon franchisees' rights as protected by these laws. This approach likely aims to foster a more transparent and legally compliant franchising process.

For a prospective franchisee, this indicates that the transfer conditions may be subject to state-specific regulations, potentially offering some protection against unreasonable fees or waivers of rights. However, the specific details of what Beyond Juicery Eatery considers 'reasonable' in terms of transfer fees or other conditions are not explicitly defined in these excerpts. Therefore, it would be prudent for a potential franchisee to seek clarification from Beyond Juicery Eatery regarding the specific criteria and processes involved in franchise transfers, as well as to consult with a legal professional to fully understand their rights and obligations under the relevant state laws.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.