factual

Does the Bombs Away Franchise Agreement include a State Addenda?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

nt to Franchisee by Bombs Away Franchising does not constitute an offer. This Agreement shall not be effective unless and until it is executed by both Franchisee and Bombs Away Franchising.

Agreed to by:

FRANCHISOR:
BOMBS AWAY FRANCHISING, LLC
By:
Name:
Title:

Attachment 1 to Franchise Agreement

STATE ADDENDA TO FRANCHISE AGREEMENT

CALIFORNIA RIDER TO FRANCHISE AGREEMENT

This Rider amends the Franchise Agreement dated (the "Agreement"), between Bombs Away Franchising, LLC, a Wyoming Limited Liability Company ("Franchisor") and, a ("Franchisee"). 1. No statement, questionnaire, or acknowledgement signed or agreed to Waiver of Claims. 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 ay statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise. 2. Effective Date. This Rider is effective as of the Effective Date. Agreed to by: BOMBS AWAY FRANCHISING, LLC

ILLINOIS RIDER TO FRANCHISE AGREEMENT

("Bombs Away Franchising") and ("Franchisee"). This Rider amends the Franchise Agreement dated (the "Agreement"), between Bombs Away Franchising, LLC, a Wyoming Limited Liability Company , a 1. Capitalized terms used but not defined in this Rider have the meanings given Definitions. in the Agreement. The "Illinois Act" means the Illinois Franchise Disclosure Act of 1987. 2. Agreement provides will be resolved by arbitration. Governing Law and Jurisdiction. Notwithstanding any provision of the Agreement to the contrary, the Agreement is governed by Illinois law. The parties irrevocably submit to the jurisdiction and venue of the federal and state courts in Illinois, except for matters which the 3. the violation upon which it is based, the expiration of 1 year after Franchisee become notice disclosing the violation, whichever shall first expire. Limitation of Claims. No action can be maintained to enforce any liability created by the Illinois Act unless brought before the expiration of 3 years from the act or transaction constituting aware of facts or circumstances reasonably indicating that Franchisee may have a claim for relief in respect to conduct governed by the Illinois Act, or 90 days after delivery to the Franchisee of a written 4. Waivers Void. Notwithstanding any provision of the Agreement to the contrary, any condition, stipulation, or provision purporting to bind Franchisee to waive compliance with any provision of the Illinois Act or any other law of the State of Illinois is void. This Section shall not prevent Franchisee from entering into a settlement agreement or executing a general release regarding a potential or actual lawsuit filed under any of the provisions of this Act, nor shall it prevent the arbitration of any claim pursuant to the provisions of Title 9 of the United States Code. 5. Rider is effective as of the Effective Date. Effective Date.

Source: Item 22 — CONTRACTS (FDD pages 35–36)

What This Means (2024 FDD)

Yes, according to the 2024 Bombs Away Franchise Disclosure Document, the Franchise Agreement includes state addenda. These addenda are designed to address specific legal requirements or clarifications for franchisees operating in certain states.

The FDD includes specific examples of state addenda for California, Illinois, Rhode Island, and Washington. These addenda modify certain provisions of the standard Bombs Away Franchise Agreement to comply with state laws. For example, the California Rider includes a waiver of claims, and the Rhode Island Rider addresses jurisdiction and venue. The Washington addendum discusses the state's franchise investment protection act and its potential impact on the franchise agreement.

Prospective Bombs Away franchisees should carefully review any state addendum that applies to their specific location. These addenda can alter the terms of the franchise agreement and may provide additional rights or protections under state law. Franchisees should consult with legal counsel to fully understand the implications of any state-specific provisions.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.