factual

Under what circumstances is a release or waiver of rights valid for a Beyond Juicery Eatery franchise?

Beyond_Juicery_Eatery Franchise · 2025 FDD

Answer from 2025 FDD Document

ITNESS WHEREOF, each of the undersigned hereby acknowledges having read this Addendum,

FOR THE STATE OF MARYLAND

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 Maryland Franchise Registration and Disclosure Law, Md Code Ann, Bus Reg §§14-201-14-233, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
    • 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 Maryland Franchise Registration and Disclosure 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).
    • Section 23.02 require litigation or arbitration to be conducted in the State of our principal place of business; the requirement shall not limit any rights you may have under the Maryland Franchise Registration and Disclosure Law to bring suit in the State of Maryland.
    • Any Section of the Franchise Agreement requiring you to assent to any release, estoppel or waiver of liability as a condition of purchasing the Franchise are not intended to, nor shall they act as a, release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
    1. Any portion of the Franchise Agreement which requires prospective Franchise Owners to disclaim the occurrence and/or acknowledge the non-occurrence of acts would constitute a violation of the Maryland Franchise Registration and Disclosure Law. Any such representations are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
    1. Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure 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 Franchise Agreement or exhibits or attachments thereto, the terms of this Addendum shall govern.

| Name | | |---|---| | Address | | | City, State, Zip code | | | Phone Number | | | Email Address | | Date: ________________________________

Date: ________________________________

IN WITNESS WHEREOF, each of the undersigned hereby acknowledges having read this Addendum,

FOR THE STATE OF MINNESOTA

The BEYOND JUICERY + EATERY FRANCHISING, LLC Franchise Agreement between _____________________ ("Franchisee" or "You")

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

What This Means (2025 FDD)

According to the 2025 FDD, the validity of a release or waiver of rights for a Beyond Juicery Eatery franchise is specifically addressed in the context of certain state franchise laws. In Maryland, New York, and Washington, any release required as a condition of renewal or transfer must exclude claims arising under their respective franchise laws. This means that while a franchisee may sign a general release, it cannot waive rights granted by these state laws.

Specifically, in Maryland, any section of the Franchise Agreement requiring a release, estoppel, or waiver of liability as a condition of purchasing the franchise will not act as a waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. Similarly, in New York, any required release as a condition of renewal or transfer must exclude claims arising under the General Business Laws of the State of New York. In Washington, provisions that unreasonably restrict the statute of limitations for claims or limit rights and remedies available under the Washington Franchise Investment Protection Act may not be enforceable.

These stipulations ensure that franchisees in Maryland, New York, and Washington retain their statutory rights and protections, even when signing general releases or waivers. The FDD also states that if any part of the Area Development Agreement is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control. Prospective Beyond Juicery Eatery franchisees should consult with a legal professional to fully understand the implications of these provisions in their specific state.

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.