For Carls franchisees in California, what is the specific effect of the registration of the franchise offering by the California Department of Financial Protection and Innovation?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
ADDITIONAL DISCLOSURES REQUIRED FOR CALIFORNIA FRANCHISEES
The following information applies to franchises and franchisees subject to the California Franchise Investment Act.
- A. The registration of this franchise offering by the California Department of Financial Protection and Innovation does not constitute approval, recommendation, or endorsement by the commissioner.
- B. THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE DISCLOSURE DOCUMENT.
- C. California Business and Professions Code Sections 20000 through 20043 provide rights to the Franchisee concerning termination, transfer or non-renewal of a franchise. If the franchise agreement contains a provision that is inconsistent with the law, the law will control.
- D. The franchise agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq.).
- E. The franchise agreement contains a liquidated damages clause. Under California Civil Code Section 1671, certain liquidated damages clauses are unenforceable.
- F. The Franchise Agreement requires application of the laws of Tennessee. This provision may not be enforceable under California law.
- G. The franchisor, any person or franchise broker in Item 2 of the FDD is not subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, 15 U.S.C.A. 78a et seq., suspending or expelling such persons from membership in such association or exchange.
- H. Under California AB 1228, you must comply with the minimum wage standards for your employees beginning April 1, 2024. You must also adhere to certain working conditions, including health and safety standards and training, as set forth in the Operations Manual. Failure to comply could lead to violation of the law and possible fines and lawsuits brought by your employees.
- I. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 80–480)
What This Means (2024 FDD)
According to Carls's 2024 Franchise Disclosure Document, the registration of the franchise offering by the California Department of Financial Protection and Innovation does not constitute approval, recommendation, or endorsement by the commissioner. This means that while Carls is registered to offer franchises in California, the state's Department of Financial Protection and Innovation has not assessed the franchise opportunity's merit or potential profitability.
This disclosure is a standard disclaimer required by California franchise law. It prevents prospective franchisees from assuming that state registration implies any form of state endorsement or guarantee of success. Franchisees must conduct their own independent due diligence to evaluate the Carls franchise opportunity.
The FDD also highlights several California-specific legal considerations for Carls franchisees, including rights concerning termination, transfer, or non-renewal of a franchise under California Business and Professions Code Sections 20000 through 20043, potential unenforceability of termination upon bankruptcy, liquidated damages clauses, and choice of law provisions under California law. Additionally, franchisees must comply with California AB 1228 regarding minimum wage standards and working conditions for employees, beginning April 1, 2024.