factual

What specific provisions of the Beyond Juicery Eatery Franchise Agreement can Beyond Juicery Eatery enforce?

Beyond_Juicery_Eatery Franchise · 2025 FDD

Answer from 2025 FDD Document

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FOR THE STATE OF CALIFORNIA

The BEYOND JUICERY + EATERY FRANCHISING, LLC Franchise Agreement between ____________________ ("Franchisee" or "You") and BEYOND JUICERY + EATERY FRANCHISING, LLC, a Michigan Corporation ("Franchisor," "we" or "us") dated ***Franchise Agreement Date*** (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 California Franchise Investment Law, Cal Corp Code §§31000-31516 and the California Franchise Relations Act, Cal Bus And Prof Code §§20000- 20043, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
    • The California Franchise Relations Act provides you rights concerning termination or non-renewal of the Franchise Agreement, which may supersede provisions in the Franchise Agreement, specifically Sections 13 and 16.
    • Section 15.01, which terminates the Franchise Agreement upon your bankruptcy, may not be enforceable under federal bankruptcy law (11 USC Section 101, et. seq).
    • Section 16.05 contains a covenant not to compete that extends beyond the expiration or termination of the Agreement; this covenant may not be enforceable under California Law.
    • The Franchise Agreement requires litigation to be conducted in a court located outside of the State of California. This provision might not be enforceable for any cause of Action arising under California law.
    • The Franchise Agreement requires application of the laws of a state other than California. This provision might not be enforceable under California law.
    • Section 23 requires binding arbitration. The arbitration will occur at the forum indicated in Section 23.02, with the costs being borne by the non-prevailing party. Prospective Franchise Owners are encouraged to consult legal counsel to determine the applicability of California and federal laws (such as Business and Professions Code Section 20040.5, Code of Civil Procedure Section 1281, and the Federal Arbitration Act) to any provisions of the Franchise Agreement restricting venue to a forum outside of the State of California.
    1. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said Franchise Agreement or exhibits or attachments thereto, the terms of this Addendum shall govern.

| | | |---|---| | | ILLINOIS LAW MODIFICATIONS | | | | IN WITNESS WHEREOF, each of the undersigned hereby acknowledges having read this Addendum,

FOR THE STATE OF HAWAII

The BEYOND JUICERY + EATERY FRANCHISING, LLC Franchise Agreement between _______________________ ("Franchisee" or "You") and BEYOND JUICERY + EATERY FRANCHISING, LLC, a Michigan Corporation ("Franchisor," "we" or "us") dated ***Franchise Agreement Date*** (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 Hawaii Franchise Investment Law, Hawaii Revised Statutes, Title 26, Chapter 482E et. seq, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
    • The Hawaii Franchise Investment Law provides you rights concerning nonrenewal, termination and transfer of the Franchise Agreement. If the Agreement, and more specifically Sections 13, 15 and 16 contain a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
    • Sections 13.02 and 16.09 require you to sign a general release as a condition of renewal or transfer of the Franchise. Such release shall exclude claims arising under the Hawaii Franchise Investment Law.
    • Section 15.01, which terminates the Franchise Agreement upon your bankruptcy, may not be enforceable under federal bankruptcy law (11 USC Section 101, et. seq).
    1. Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently of this Addendum. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said Franchise 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 + FRANCHISING, LLC EATERY YOU

FOR THE STATE OF ILLINOIS

estimated expenses and investment requirements set forth in Items 6 and 7 of our Franchise

ILLINOIS LAW MODIFICATIONS

    1. Payment of Initial Franchise/Development Fees will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to Franchisor's financial condition.
    1. Illinois law governs the Franchise Agreement and Area Development Agreement.
    1. In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
    1. Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
    1. In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
    1. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

IN WITNESS WHEREOF, the Franchisee on behalf of itself and its officers, directors, owners, agents and assigns acknowledges that it has read and understands the contents of this Addendum, that it has had the opportunity to obtain the advice of counsel, and that it intends to comply with this

BEYOND JUICERY + EATERY FRANCHISING, LLC YOU

FOR THE STATE OF INDIANA

The BEYOND JUICERY + EATERY FRANCHISING, LLC Franchise Agreement between ___________________ ("Franchisee" or "You") and BEYOND JUICERY + EATERY FRANCHISING, LLC, a Michigan Corporation ("Franchisor," "we" or "us") dated ***Franchise Agreement Date*** (the "Agreement") shall be amended by the addition of the following language, which shall be considered an integral part of the Agreement (the "Amendment"):

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

What This Means (2025 FDD)

According to the 2025 Franchise Disclosure Document, several provisions within Beyond Juicery Eatery's franchise and area development agreements may be subject to jurisdictional limitations, impacting their enforceability. These limitations are primarily based on state and federal laws, particularly concerning franchise investment and relations acts, bankruptcy law, and arbitration. The specific provisions affected vary depending on the state where the franchisee operates.

In California, for instance, certain sections regarding termination upon bankruptcy, covenants not to compete extending beyond the agreement's term, and requirements for out-of-state litigation or application of non-California laws may not be enforceable. Similarly, in Maryland and Rhode Island, clauses requiring franchisees to sign general releases as a condition of renewal or transfer, or those mandating litigation or arbitration outside of the state, may be limited or voided under their respective franchise laws. Washington also has similar stipulations regarding releases, limitations on statutes of limitations, and restrictions on rights or remedies available to the franchisee under the Washington Franchise Investment Protection Act.

For prospective Beyond Juicery Eatery franchisees, this means that the enforceability of certain clauses in their franchise agreement can differ based on their location. It is crucial for franchisees to consult with legal counsel to understand the specific protections and limitations provided by their state's laws. This consultation can help them navigate the agreement and ensure their rights are protected, especially in matters of termination, renewal, transfer, and dispute resolution. The FDD addendums serve to modify the original agreements to comply with local laws, but professional legal advice is essential for full comprehension.

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.