If there are inconsistencies between the Body20 franchise agreement and any applicable law, which provisions will control?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provision applies only to franchisees and franchised Studios that are subject to the state franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and/or Wisconsin:
No statement, questionnaire, or acknowledgement signed or agreed to by you 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 us, any franchise seller, or any other person acting on behalf of us. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, the franchise agreement's provisions may be superseded by state-specific laws in certain jurisdictions. For franchisees and studios subject to franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, no statement can waive claims under state franchise law or disclaim reliance on franchisor statements. This specific provision overrides any conflicting terms in the franchise agreement.
For franchisees in Maryland, the Maryland Franchise Registration and Disclosure Law takes precedence regarding claims arising under that law, despite any contrary statements in the franchise agreement. This includes the general release required for renewal, sale, or transfer, which will not apply to liabilities under Maryland law. Additionally, any limitations on claims will not reduce the three-year statute of limitations for claims under Maryland law.
In Illinois, any provision designating jurisdiction and venue outside of Illinois is void, in accordance with the Illinois Franchise Disclosure Act. However, the agreement may still provide for arbitration outside of Illinois. In Virginia, if any provision involves undue influence by Body20 to induce a franchisee to surrender their rights or cancels the franchise without reasonable cause, such provisions may not be enforceable under the Virginia Retail Franchising Act. In Washington, any provisions prohibiting communication with regulators are inconsistent with the Franchise Disclosure Document and unlawful under RCW 19.100.180(2)(h).