Does the Illinois Rider to the Bombs Away Franchise Agreement change the governing law of the agreement?

According to the 2024 Bombs Away Franchise Disclosure Document, the Illinois Rider to the Franchise Agreement does indeed change the governing law. Specifically, the rider stipulates that, notwithstanding any provision in the agreement to the contrary, the agreement is governed by Illinois law for franchisees in Illinois. This means that Illinois state law will dictate the interpretation and enforcement of the franchise agreement for Bombs Away franchisees operating in Illinois.

This is a significant change because, without the rider, the franchise agreement might be governed by the laws of a different state, potentially where Bombs Away is headquartered (Wyoming, as indicated in other riders). By specifying Illinois law, the rider ensures that Illinois franchisees have the protections and rights afforded to them under Illinois state law. This can be beneficial for franchisees as it provides a legal framework that is familiar and potentially more favorable to them.

Furthermore, the Illinois Rider also addresses jurisdiction and venue, requiring that legal proceedings occur in Illinois federal or state courts, except for matters subject to arbitration. It also includes provisions that invalidate waivers of compliance with the Illinois Franchise Disclosure Act and sets limitations on claims under the Act. These stipulations collectively reinforce the application of Illinois law and protect the franchisee's rights within the state.

For a prospective Bombs Away franchisee in Illinois, this rider offers a degree of legal certainty and protection. It ensures that their franchise agreement will be interpreted under Illinois law, in Illinois courts, and that they cannot be forced to waive their rights under Illinois franchise law. This can provide added confidence and recourse in the event of disputes with Bombs Away.