What law governs the Bumper Man franchise agreements in Illinois?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provisions supersede the Disclosure Document and apply to all franchises offered and sold to either a resident of the State if Illinois or a non-resident who will be operating a franchise in the State of Illinois when the offer is made and accepted within the State of Illinois, pursuant to the Illinois Franchise Disclosure Act of 1987, Ill. Comp. Stat. §§ 705/1 through 705/44 (the "Act"), as follows:
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- The Illinois Franchise Disclosure Act governs the franchise agreements.
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- Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement which designates jurisdiction and venue in a forum outside of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
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- The conditions under which your franchise can be terminated and your rights upon non-renewal may be affected by the Illinois Franchise Disclosure Act. 815 ILCS §§ 705/19 and 705/20. To the extent that the Item 17 Franchise Agreement Table Sections (g) and (h) conflict with the Illinois Franchise Disclosure Act, sections (g) and (h) are hereby revised consistent with the Illinois Franchise Disclosure Act.
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- In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the Illinois Franchise Disclosure Act governs the franchise agreements offered and sold to Illinois residents or non-residents operating a franchise within Illinois, as stated in Item 22. This act, specifically the Illinois Franchise Disclosure Act of 1987, Ill. Comp. Stat. §§ 705/1 through 705/44, applies when the offer is made and accepted within the state of Illinois.
For prospective Bumper Man franchisees in Illinois, this means that the franchise agreement is subject to specific state laws designed to protect their interests. For example, any provision in the franchise agreement that designates jurisdiction and venue in a forum outside of Illinois is void, although the agreement may allow for arbitration outside of Illinois.
Additionally, the Illinois Franchise Disclosure Act may affect the conditions under which a Bumper Man franchise can be terminated or not renewed, as outlined in 815 ILCS §§ 705/19 and 705/20. The FDD also states that any attempt to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void, reinforcing the protections afforded to franchisees under state law. Therefore, Illinois franchisees should carefully review the franchise agreement in light of these state-specific provisions.