Under what conditions is it unlawful for Beyond Juicery Eatery to repurchase a franchisee's business?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
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"):
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- In recognition of the requirements of the Indiana Deceptive Franchise Practices Law, IC 23-2.2.7 and the Indiana Franchise Disclosure Law, IC 23-2-2-2.5, the Franchise Agreement for BEYOND JUICERY + EATERY FRANCHISING, LLC is amended as follows:
- Sections 13.02 and 16.09 provide for a prospective general release of claims against Franchisor that may be subject to the Indiana Deceptive Franchise Practices Law or the Indiana Franchise Disclosure Law.
- Section 15 is amended to prohibit unlawful unilateral termination of a Franchise unless there is a material violation of the Franchise Agreement and termination is not in bad faith.
- Section 17 is amended to provide that you will not be required to indemnify us for any liability imposed upon us as a result of your reliance upon or use of procedures or products which were required by us, if such procedures or products were utilized by you in the manner required by us.
- Section 23.02 is amended to provide that you may commence litigation in Indiana for any cause of Action under Indiana law.
- Section 23.02 is amended to provide that arbitration between us and you, shall be conducted at a mutually agreed upon location.
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- Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Indiana 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.
BEYOND JUICERY + EATERY YOU FRANCHISING, LLC Date: _________________________________
Date: ________________________________
IN WITNESS 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"):
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- 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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, specific addenda address conditions under which certain actions would be unlawful based on state laws. For franchisees in Indiana, Section 15 of the agreement is amended to prohibit unlawful unilateral termination of a franchise unless there is a material violation of the Franchise Agreement and termination is not in bad faith. For franchisees in Maryland, any section of the Franchise Agreement requiring them 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. Additionally, in Maryland, 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.
For franchisees in New York, Sections 13.02 and 16.09 require the franchisee to sign a general release as a condition of renewal or transfer, but such release shall exclude claims arising under the General Business Laws. Under Section 13.01, Beyond Juicery Eatery shall not transfer and assign its rights and obligations under the Franchise Agreement unless the transferee will be able to perform Beyond Juicery Eatery's obligations under the Franchise Agreement, in Beyond Juicery Eatery's good faith judgment, so long as it remains subject to the General Business Laws of the State of New York.
For franchisees in California, the California Franchise Relations Act provides rights concerning termination or non-renewal of the Franchise Agreement, which may supersede provisions in the Franchise Agreement, specifically Sections 13 and 16. 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, and requires application of the laws of a state other than California; these provisions might not be enforceable under California law.