Which sections of the Brueggers Bagels Development Agreement are amended regarding releases?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
h 201.16), the parties agree to modify the License Agreement as follows:
- 1. Any provision in the License Agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680 – 695 may not be enforceable.
- 2. Releases. Section 2.2 is amended to add the following:
The foregoing release of claims does not release any claim you may have under New York General Business Law, Article 33, Sections 680-695.
3. Assignment by BFC. Section 9.1 is amended by adding the following:
BFC will not assign its rights under the License Agreement except to an assignee who in BFC's good faith judgment is willing and able to assume BFC's obligations under the License Agreement.
4. Termination by Licensee. Section 10.2 is amended by adding the following:
You also may terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.
5. Governing Law. Section 14.6 is amended by adding the following:
Notwithstanding the foregoing, the New York General Business Law shall govern any claim arising under that law.
6. This Addendum will have effect only if the License Agreement and/or the relationship between you and BFC satisfy all of the jurisdictional requirements of New York General Business Law, without considering this Addendum. Except as expressly modified by this Addendum, the License Agreement remains unmodified and in full force and effect.
| BRUEGGER'S FRANCHISE CORPORATION | LICENSEE [print company name]: |
|---|---|
| By: | By: Print Name: |
| Title: | Title: |
NEW YORK ADDENDUM TO THE DEVELOPMENT AGREEMENT
In recognition of the requirements of the New York General Business Law, Article 33, Sections 680 through 695, and of the regulations promulgated thereunder (N.Y. Comp. Code R. & Regs., tit. 13, §§ 200.1 through 201.16), the parties agree to modify the Development Agreement as follows:
Source: Item 23 — RECEIPTS (FDD pages 61–335)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels FDD, the Development Agreement is amended in specific sections concerning releases, particularly in the context of New York, Maryland, and Minnesota state laws. For franchisees operating in New York, Section 4.2 and Section 8.5 of the Development Agreement are amended. These amendments ensure that any release of claims does not waive rights under the New York General Business Law, Article 33, Sections 680-695. This modification protects franchisees from inadvertently relinquishing their legal rights under New York law when signing releases related to the Development Agreement.
In Maryland, Section 4.2 (Site Selection and Acceptance) and Section 8.5 (Conditions of Our Consent) of the Development Agreement are amended. The added language specifies that any release executed by the franchisee does not apply to liabilities arising under the Maryland Franchise Registration and Disclosure Law. This ensures that franchisees retain their rights and protections under Maryland franchise law, even when signing general releases. Additionally, Section 17 and Section 19 are amended to clarify that representations requiring franchisees to release liability do not waive rights under the Maryland Franchise Registration and Disclosure Law.
For franchisees in Minnesota, Section 4.2 and Section 8.5 of the Development Agreement are amended. The amendment states that franchisees will not be required to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute §§ 80C.01 - 80C.22, although voluntary settlement of disputes is still permitted. This ensures that franchisees' rights under Minnesota franchise law are protected and cannot be waived through standard release agreements. These amendments reflect Brueggers Bagels's compliance with state-specific franchise regulations, providing additional protection to franchisees in these states.