As of what date is the Black Bear Diner Franchise Disclosure Document effective in Illinois?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
FOR THE STATE OF ILLINOIS
ITEM 17 of the disclosure document is amended to add the following:
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- The conditions under which you can be terminated and your rights on nonrenewal may be affected by Illinois law, 815 ILCS 705/19 and 705/20.
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- The Illinois Franchise Disclosure Act will govern any franchise agreement if it applies to a franchise located in Illinois.
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- The Franchise Agreement shall become effective on its acceptance and execution by us at our principal business address. The Franchise Agreement shall be interpreted and construed under the state law in which our principal place of business is located (currently California), except to the extent governed by the Federal Arbitration Act and the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C., Sections 1051 et seq.). However, any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Act or other law of the state of Illinois is void.
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- Any action brought by either party in any court, except for claims required to be submitted to arbitration, whether federal or state, will be brought within a court of general jurisdiction where our principal place of business is located, which is currently Redding, California. The parties waive all questions of personal jurisdiction or venue. However, any provision that designates jurisdiction or venue outside of Illinois is void with respect to any cause of action that otherwise is enforceable in Illinois; provided, however that the Franchise Agreement may provide for arbitration in a forum outside Illinois.
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- No action for liability under the Illinois Franchise Disclosure Act shall be maintained unless brought before the expiration of 3 years after the act or transaction constituting the violation upon which it is based, the expiration of 1 year after the Franchisee becomes aware of facts or circumstances reasonably indicating that he may have a claim for relief in respect to conduct governed by the Act, or 90 days after delivery to the Franchisee of a written notice disclosing the violation, whichever shall first expire.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, the document includes specific amendments for the state of Illinois. These amendments, found in Item 17, address conditions under which a franchise can be terminated, rights upon nonrenewal as affected by Illinois law, and the governance of the franchise agreement under the Illinois Franchise Disclosure Act. The document states that any provision that requires a person acquiring a Black Bear Diner franchise to waive compliance with Illinois law is void. It also specifies venue and jurisdiction for legal actions, ensuring certain actions can be enforced in Illinois, and sets a limitation period for liability actions under the Illinois Franchise Disclosure Act. While these amendments indicate that the Illinois Franchise Disclosure Act applies to franchises located in Illinois, the document does not explicitly state the effective date of the 2025 Franchise Disclosure Document for Illinois.