What is the legal basis for the Body20 Rider to the Franchise Agreement in New York?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
hising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any
ground for default or termination stated in the Franchise Agreement does not constitute "reasonable cause," as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable.
- The following paragraph is added to the end of Item 17:
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.
WASHINGTON
(See State-Specific Riders to the Franchise Agreement.)
THE FOLLOWING PAGES IN THIS EXHIBIT ARE STATE-SPECIFIC RIDERS TO THE FRANCHISE AGREEMENT
RIDER TO THE FRANCHISE AGREEMENT FOR USE IN ILLINOIS
THIS RIDER (this "Rider") is made and entered into by and between BODY20 Franchisor LLC, a Delaware limited liability company with its principal place of business at 4000 MacArthur Blvd., Suite 800, Newport Beach, California 92660 ("Franchisor"), and the person or entity identified on Appendix A as the franchisee ("Franchisee") with its principal place of business as set forth on Appendix A. In this Rider, "we," "us," and "our" refers to Franchisor. "You" and "your" refers to Franchisee.
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- BACKGROUND. We and you are parties to that certain Franchise Agreement dated __________________________, 20___ (the "Franchise Agreement"). This Rider is annexed to and forms part of the Franchise Agreement. This Rider is being signed because (a) any of the offering or sales activity relating to the Franchise Agreement occurred in Illinois and the Studio that you will operate under the Franchise Agreement will be located in Illinois, and/or (b) you are domiciled in Illinois.
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- GOVERNING LAW. Section 16.1 of the Franchise Agreement is deleted and replaced with the following:
Except to the extent governed by the Federal Arbitration Act or other federal law, Illinois law governs this Agreement.
- CONSENT TO JURISDICTION. The following is added to the end of Section 16.3(d) of the Franchise Agreement:
Notwithstanding the foregoing, in conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in this Agreement that designates jurisdiction and venue in a forum outside of Illinois is void. However, this Agreement may provide for arbitration to take place outside of Illinois.
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Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to the 2025 Body20 Franchise Disclosure Document, the Rider to the Franchise Agreement for use in New York is included when (a) the franchisee is domiciled in the State of New York and the studio will be located in New York, and/or (b) any of the offering or sales activity relating to the Franchise Agreement occurred in New York. This ensures that franchisees operating in New York, or who were offered the franchise in New York, are subject to specific protections and regulations under New York law.
Specifically, the Rider ensures that the franchisee retains all rights and causes of action available under Article 33 of the General Business Law of the State of New York. This includes the non-waiver provisions of GBL Sections 687.4 and 687.5, as amended, which prevent franchisees from unintentionally waiving their rights under New York franchise law. The Rider also explicitly states that the franchisee may terminate the agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.
Furthermore, the Rider clarifies that the consent to jurisdiction and governing law clauses within the Franchise Agreement do not waive any rights conferred upon the franchisee by Article 33 of the New York State General Business Law. This ensures that New York franchisees can rely on the protections of their state's franchise laws, regardless of any conflicting provisions in the standard Franchise Agreement. These stipulations are designed to protect franchisees by providing them with specific rights and remedies under New York law, addressing potential power imbalances between the franchisor and franchisee.