Is the Bft franchise agreement rider for use in Illinois?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
effective as of the effective date of the Multi-Unit Agreement.
BFT FRANCHISE SPV, LLC, a Delaware limited liability company [NAME OF DEVELOPER] Capacity: THE FOLLOWING PAGES IN THIS EXHIBIT ARE STATE-SPECIFIC RIDERS TO THE FRANCHISE AGREEMENT
RIDER TO THE BFT FRANCHISE SPV, LLC FRANCHISE AGREEMENT FOR USE IN ILLINOIS
THIS RIDER (this "Rider") is made and entered into by and between BFT FRANCHISE SPV,
| LLC, a Delaware limited liability company with its principal business address at 17877 Von Karman Ave., | |
|---|---|
| Suite 100 Irvine, CA 92614 | |
| ("Franchisor"), and, | |
| whose principal business address is | ("Franchisee"). |
| 1. | are parties to that certain Franchise Agreement dated |
| Background. Franchisor | |
| and Franchisee | |
| , 20 (the "Franchise Agreement") that has been signed concurrently | |
| with the signing of this Rider. This Rider supersedes any inconsistent | or conflicting provisions of the |
| Franchise Agreement. | |
| Terms not otherwise defined in this Rider have the meanings as defined in the | |
| Franchise Agreement. | |
| This Rider is annexed to and forms part of the Franchise Agreement. This Rider is | |
| being signed because (a) Franchisee is domiciled in the State of Illinois, or (b) the offer for the sale of the | |
| franchise was made or accepted in the State of Illinois and the Studio | that Franchisee operates under its |
| Franchise Agreement is or will be operated in the State of Illinois. |
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- No Disclaimer. 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.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to the 2025 Bft Franchise Disclosure Document, there is a specific rider to the franchise agreement for use in Illinois. This rider is designed to be used when (a) the franchisee is domiciled in Illinois, or (b) the offer for the sale of the franchise was made or accepted in Illinois and the studio that the franchisee operates under its Franchise Agreement is or will be operated in the State of Illinois.
The Bft FDD also states that Section 41 of the Illinois Franchise Disclosure Act stipulates that any condition, stipulation, or provision that attempts to bind a person acquiring a franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. Additionally, a Bft developer's rights upon termination and non-renewal of a multi-unit agreement are subject to sections 19 and 20 of the Illinois Franchise Disclosure Act.
This means that if a prospective Bft franchisee is located in Illinois, or the franchise agreement was offered or accepted in Illinois, this rider will be annexed to and form part of the Franchise Agreement. The rider also ensures that the franchisee's rights under Illinois law are protected and cannot be waived by any provision in the franchise agreement.