To what extent is each provision of the Bor Restoration franchise agreement addendum effective?

According to Bor Restoration's 2024 Franchise Disclosure Document, the addendum to the franchise agreement has specific conditions determining its effectiveness. Each provision within the addendum is effective only if it independently meets the jurisdictional requirements of the relevant Acts. This means that the enforceability of any clause in the addendum depends on whether it complies with the laws of the specific jurisdiction where the franchise is operating.

Furthermore, the addendum is designed to take precedence over any conflicting terms in the original franchise agreement. If any inconsistency arises between the addendum and the franchise agreement (including its exhibits or attachments), the terms outlined in the addendum will govern. This ensures that the most current and relevant terms apply to the franchise relationship. However, there is an exception: if the franchisee's choice of arbitration under the Federal Arbitration Act supersedes state law, then the terms of the original Franchise Agreement will prevail.

In essence, the addendum serves to modify the original franchise agreement, but its effectiveness is contingent upon compliance with local jurisdictional laws. Franchisees should be aware that the interplay between the addendum, the franchise agreement, and applicable laws can be complex, and they should seek legal counsel to fully understand their rights and obligations.