For Black Bear Diner franchises in Maryland, what is the condition for each provision of the addendum to be effective?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
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 independent 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.
Source: Item 23 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to the 2025 Black Bear Diner Franchise Disclosure Document, the effectiveness of each provision within the addendum for Maryland franchises is contingent upon meeting the jurisdictional requirements outlined in the Maryland Franchise Registration and Disclosure Law. This means that each individual provision of the addendum will only be valid and enforceable if it independently complies with Maryland's franchise laws.
Furthermore, the FDD states that if any part of the addendum is found to be inconsistent with the main Franchise Agreement or any related exhibits or attachments, the terms specified in the addendum will take precedence. This clause ensures that any specific modifications or clarifications made in the addendum for Maryland franchisees will override conflicting terms in the standard agreement.
In practical terms, a prospective Black Bear Diner franchisee in Maryland should carefully review both the Franchise Agreement and the addendum to understand their respective rights and obligations. It is advisable to consult with a legal professional experienced in franchise law to ensure full compliance with Maryland's regulations and to clarify any potential inconsistencies between the two documents.