What California laws are recognized in the California Addendum to the Disclosure Document for Carvel?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
CALIFORNIA ADDENDUM TO DISCLOSURE DOCUMENT
In recognition of the requirements of the California Franchise Investment Law, California Corporations Code §§ 31000 through 31516, and the California Franchise Relations Act, California Business and Professions Code §§ 20000 through 20043, the Disclosure Document for Carvel Franchisor SPV LLC in connection with the offer and sale of franchises for use in the State of California is amended to including the following:
1. ITEM 17 RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION
2. DISCLOSURES REGARDING THE CALIFORNIA FAST FOOD ACT (CALIFORNIA ASSEMBLY BILL 1228)
- A. ITEM 1: To the extent it is applicable, you must comply with California Assembly Bill 1228, codified at Cal. Lab. Code §§ 1474-1475 (the "Fast Food Act"), which may set health, safety, and employment standards related to your employees, including standards on minimum wages, working hours, and working conditions.
- B. ITEMS 5, 6, AND 11: We currently do not provide any training or assistance related to, or charge any initial or ongoing fees related to, the development or implementation of any standards, policies, or procedures that may be required under the Fast Food Act. It is
solely your responsibility to determine whether the Fast Food Act applies to your franchise and, to the extent it does apply, to comply with the Fast Food Act when developing and constructing your restaurant, operating your franchise, and training and supervising your employees.
C. ITEM 7: The Additional Funds estimate takes into account any increased costs that you may incur related to complying with the Fast Food Act (such as increased wages), based on the Fast Food Act standards that are in effect as of the date of this Disclosure Document.
3. ADDITIONAL DISCLOSURES
- A. Neither we nor any person in Item 2 of the Disclosure Document is 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 us or that person from membership in these associations or exchanges.
- B. Section 31125 of the California Corporations Code requires us to give you a Disclosure Document in a form and containing all information as the Commissioner may by rule or order require, before a solicitation of a proposed material modification of an existing franchise.
- C. The California franchise investment law requires that we deliver a copy of all proposed agreements related to the sale of the franchise, together with the Disclosure Document.
- D. Regarding our website, www.carvel.com, please note the following:
OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION at www.dfpi.ca.gov.
E. No statement, questionnaire, or acknowledgement signed or agreed to by you 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 us, any franchise seller, or any other person acting on behalf of us. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, the California Addendum recognizes the California Franchise Investment Law, California Corporations Code §§ 31000 through 31516, and the California Franchise Relations Act, California Business and Professions Code §§ 20000 through 20043. These laws govern the offer and sale of franchises within the state of California. Additionally, the California Addendum recognizes the California Fast Food Act (California Assembly Bill 1228), codified at Cal. Lab. Code §§ 1474-1475, which may set health, safety, and employment standards related to employees, including standards on minimum wages, working hours, and working conditions. Section 31125 of the California Corporations Code requires Carvel to provide franchisees with a disclosure document before any proposed material modification of an existing franchise. The California franchise investment law also mandates that Carvel deliver copies of all proposed agreements related to the sale of the franchise, along with the Disclosure Document.
For a potential Carvel franchisee in California, this means that Carvel must adhere to specific legal requirements and provide certain disclosures. The franchisee is entitled to protection under California's franchise laws, including the right to receive a compliant disclosure document and all related agreements. The franchisee must also comply with the California Fast Food Act, which may impact labor costs and operational standards. Carvel does not provide training or assistance related to compliance with the Fast Food Act, making it the franchisee's responsibility to understand and adhere to these regulations.
Furthermore, the addendum states that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under California franchise law, including fraud in the inducement, or disclaim reliance on statements made by Carvel or its representatives. This provision is designed to protect franchisees from unknowingly relinquishing their legal rights. The addendum also includes a disclaimer regarding Carvel's website, stating that it has not been reviewed or approved by the California Department of Financial Protection and Innovation, and provides contact information for complaints.