Does the Bumper Man Franchise Agreement addendum allow franchisees to waive compliance with the Illinois Franchise Disclosure Act?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 24(e) of the Franchise Agreement will be supplemented by the addition of the following sentence: "However, nothing contained in this Section will constitute a condition, stipulation or provision purporting to bind any person to waive compliance with any provision of the Illinois Franchise Disclosure Act at Section 705/27 or any other law of the State of Illinois, to the extent applicable."
Sections 24(f), 24(i) and 24(j) of the Franchise Agreement will be supplemented by the addition of the following sentence: "However, this Section will not act as a condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Illinois Franchise Disclosure Act at Section 705/41 or Illinois regulations at Section 200.609.
The following sentence is added to the end of the Franchise Agreement: "Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Act or any other law of the State of Illinois is void."
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the addendum to the franchise agreement explicitly states that no provision should be interpreted to allow a franchisee to waive compliance with the Illinois Franchise Disclosure Act. This protection is included in the addendum specifically for franchisees in Illinois. The addendum ensures that franchisees are not bound by any condition that would force them to relinquish their rights under the Illinois Franchise Disclosure Act.
Specifically, the language added to Section 24(e) of the Franchise Agreement clarifies that nothing in that section should be construed as a waiver of compliance with the Illinois Franchise Disclosure Act. Similarly, language added to Sections 24(f), 24(i), and 24(j) reinforces that these sections cannot be used to force a waiver of compliance with the Illinois Franchise Disclosure Act or its regulations.
Furthermore, the addendum includes a direct reference to Section 41 of the Illinois Franchise Disclosure Act, emphasizing that any provision that attempts to bind a person to waive compliance with the Act or any other Illinois law is void. This inclusion underscores Bumper Man's intent to ensure franchisees understand their rights and protections under Illinois law, preventing any potential misinterpretations or attempts to circumvent the Act's provisions.