What representation does the Developer for a Beyond Juicery Eatery franchise make regarding its qualification to do business in relevant jurisdictions?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
gton 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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Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document (FDD) for Beyond Juicery Eatery includes addenda to the Area Development Agreement that address specific state laws. These addenda acknowledge the requirements of franchise laws in states such as Washington, New York, Hawaii, Illinois, Maryland, and Indiana. The core of the representation is that each provision within these addenda is effective only to the extent that it independently meets the jurisdictional requirements of the relevant state law. This means Beyond Juicery Eatery is ensuring that the modifications to the standard agreement are compliant with local regulations.
For a prospective Beyond Juicery Eatery franchisee, this indicates that the franchise agreement is not a one-size-fits-all document. Instead, Beyond Juicery Eatery takes steps to ensure compliance with state-specific franchise laws, which can vary significantly. This can provide a level of comfort, knowing that the agreement has been reviewed and adjusted to align with the legal requirements of the state where the franchise will operate. However, it also implies that the franchisee should be aware of the specific addendum applicable to their state and understand how it modifies the standard agreement.
It is important for the franchisee to consult with their own legal counsel to fully understand the implications of these state-specific addenda. While Beyond Juicery Eatery represents that these addenda aim to comply with local laws, the ultimate responsibility for understanding and adhering to those laws rests with the franchisee. This includes being aware of any rights or restrictions provided by state franchise laws, such as those related to termination, renewal, or dispute resolution. The FDD excerpts suggest that certain clauses in the standard agreement (e.g., those related to bankruptcy, non-renewal, or venue for disputes) may be superseded by state law, offering additional protection to the franchisee in some cases.
In summary, Beyond Juicery Eatery's approach of using state-specific addenda demonstrates an effort to adapt its franchise agreement to local legal requirements. However, franchisees must actively engage in understanding these addenda and their implications, seeking independent legal advice to ensure they are fully informed of their rights and obligations under both the franchise agreement and applicable state laws.