In the Maryland Rider, what is the relationship between the Rider and the Bombs Away Franchise Agreement?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
see that is indeterminate, determined by a third party, or determined by a formula, unless the franchise agreement specifies the maximum percentage of gross monthly sales or the maximum absolute sum that the franchisee may be required to pay.
- 3. Effective Date. This Rider is effective as of the Effective Date.
Agreed to by:
BOMBS AWAY FRANCHISING, LLC
MARYLAND RIDER TO FRANCHISE AGREEMENT
("Bombs "Agreement"), between Bombs Away Franchising, LLC, a Wyoming Limited Liability Company Away , Franchising") a and ("Franchisee"). 1. Definitions. Disclosure Law, Business Regulation Article, §14-206, Annotated Code of Maryland. Capitalized terms used but not defined in this Rider have the meanings given in the Agreement. The "Maryland Franchise Law" means the Maryland Franchise Registration and 2. Releases, Estoppels and Waivers of Liability. act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Law. All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they 3. which provides for a period of Statute of Limitations. Any provision of the Agreement limitations for causes of action shall not apply to causes of action under the Maryland Franchise an action under such law within three years after the grant of the franchise. Law, Business Regulation Article, §14-227, Annotated Code of Maryland. Franchisee must bring 4. Jurisdiction.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the Maryland Rider amends the existing Franchise Agreement. The Rider is designed to work in conjunction with the Franchise Agreement, as terms not specifically defined in the Rider take on the meanings provided in the original agreement. This indicates that the Franchise Agreement provides the foundational terms, while the Rider modifies or clarifies specific aspects, particularly concerning Maryland law.
The Maryland Rider addresses specific legal considerations within the state. For example, it clarifies that no part of the agreement should act as a release, estoppel, or waiver of liability under the Maryland Franchise Law. It also specifies that any limitations on causes of action within the agreement do not apply to causes of action under Maryland Franchise Law, which has a statute of limitations of three years. Furthermore, the Rider ensures that franchisees do not waive their right to file lawsuits related to the Maryland Franchise Law in Maryland courts.
In essence, the Maryland Rider serves to tailor the Bombs Away Franchise Agreement to comply with Maryland law, providing additional protections and clarifications for franchisees operating within the state. The Rider becomes effective as of the same effective date as the Franchise Agreement, indicating that it is intended to be an integral part of the overall agreement from its inception.