factual

Does the Casiola franchise agreement supersede any rights to any remedies provided for by the laws of the jurisdiction?

Casiola Franchise · 2024 FDD

Answer from 2024 FDD Document

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Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of North Dakota Law are met independently without reference to this amendment.

IN WITNESS WHEREOF, the parties have duly executed and delivered this North Dakota amendment to Casiola Franchise LLC Franchise Agreement on the same date as the Franchise Agreement was executed.

Franchisor: Casiola Franchise LLC Franchisee:
By: Signature
Signature
Name and Title (please print) Name (please print)
Dated Dated

WASHINGTON FRANCHISE AGREEMENT AMENDMENT

Amendments to the Casiola Franchise Agreement:

In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.

RCW 19.100.180 may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.

In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.

A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.

Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.

Pursuant to RCW 49.62.020, a noncompetition covenant is void and unenforceable against an employee, including an employee of a franchisee, unless the employee's earnings from the party seeking enforcement, when annualized, exceed $100,000 per year (an amount that will be adjusted annually for inflation). In addition, a noncompetition covenant is void and unenforceable against an independent contractor of a franchisee under RCW 49.62.030 unless the independent contractor's earnings from the party seeking enforcement, when annualized, exceed $250,000 per year (an amount that will be adjusted annually for inflation). As a result, any provisions contained in the franchise agreement or elsewhere that conflict with these limitations are void and unenforceable in Washington.

RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.

No statement, questionnaire or acknowledgement 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.

[SIGNATURE PAGE TO FOLLOW]

IN WITNESS WHEREOF, the parties have duly executed and delivered this Washington State amendment to the Casiola Franchise LLC Franchise Agreement on the same date as the Franchise Agreement was executed.

Franchisor: Casiola Franchise LLC Franchisee:
By: Signature
Signature
Name and Title (please print) Name (please print)
Dated Dated

Franchise Disclosure Document Exhibit I - State Effective Dates

State Effective Dates

The following states have franchise laws that require that the Franchise Disclosure Document be registered or filed with the states, or be exempt from registration:

California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin.

This document is effective and may be used in the following states, where the document is filed, registered or exempt from registration, as of the Effective Date stated below:

Effective Dates
California
Hawaii
Illinois
Indiana
Maryland
Michigan
Minnesota
New York
North Dakota
Rhode Island
South Dakota
Virginia
Washington
Wisconsin

Other states may require registration, filing, or exemption of a franchise under other laws, such as those that regulate the offer and sale of business opportunities or seller-assisted marketing plans.

Franchise Disclosure Document Exhibit J – Receipts

Casiola Franchise LLC

RECEIPT

This Disclosure Document summarizes certain provisions of the Franchise Agreement and other information in plain language. Read this Disclosure Document and all the agreements carefully.

If Casiola Franchise LLC offers you a franchise, we must provide this Disclosure Document to you 14 calendar days before you sign a binding agreement with, or make a payment to, us or an affiliate of ours in connection with the proposed franchise sale.

New York and Rhode Island require that we give you this document at the earlier of the first personal meeting or 10 business days before the execution of the franchise or other agreements or the payment of any consideration that relates to the franchise relationship. Michigan requires that we give you this Disclosure Document at least 10 business days before the signing of any binding franchise or other agreement, or the payment of any consideration, whichever occurs first.

If Casiola Franchise LLC does not deliver this Disclosure Document on time of if it contains a false or misleading statement, or a material omission, a violation of federal law and state law may have occurred and should be reported to the Federal Trade Commission, Washington, D.C. 20580 and the applicable state administrator identified in Exhibit A of this Disclosure Document. We authorize the respective state agencies identified in Exhibit B of this Disclosure Document to receive service of process for us in the particular state.

The Issuance Date of this Disclosure Document is: April 25, 2024

The franchise sellers for this offering are:

| Name | Principal Business Address | Telephone Number | |------------------|---------------------------------------------------|------------------| | Dennis Goedheid | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | Cedric Degruyter | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | Michael Lester | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | Russ Kraft | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | | | | I received a Disclosure Document issued on April 25, 2024 that included the following exhibits:

A. List of State Administrators F. List of Franchisees
B. List of Agents for Service of Process G. List of Franchisees Who Have Left the System
C. Operations Manual Table of Contents H. State Specific Addenda
D. Financial Statements I. State Effective Dates
E. Franchise Agreement J. Receipts
Date Print Name Signature
Date Print Name Signature

Please sign this copy of the receipt, date your signature, and return it to Casiola Franchise LLC, 6751 Forum Dr, Ste 230, Orlando, Florida 32821.

Casiola Franchise LLC RECEIPT

This Disclosure Document summarizes certain provisions of the Franchise Agreement and other information in plain language. Read this Disclosure Document and all the agreements carefully.

If Casiola Franchise LLC offers you a franchise, we must provide this Disclosure Document to you 14 calendar days before you sign a binding agreement with, or make a payment to, us or an affiliate of ours in connection with the proposed franchise sale.

New York and Rhode Island require that we give you this document at the earlier of the first personal meeting or 10 business days before the execution of the franchise or other agreements or the payment of any consideration that relates to the franchise relationship. Michigan requires that we give you this Disclosure Document at least 10 business days before the signing of any binding franchise or other agreement, or the payment of any consideration, whichever occurs first.

If Casiola Franchise LLC does not deliver this Disclosure Document on time of if it contains a false or misleading statement, or a material omission, a violation of federal law and state law may have occurred and should be reported to the Federal Trade Commission, Washington, D.C. 20580 and the applicable state administrator identified in Exhibit A of this Disclosure Document. We authorize the respective state agencies identified in Exhibit B of this Disclosure Document to receive service of process for us in the particular state.

The Issuance Date of this Disclosure Document is: April 25, 2024

The franchise sellers for this offering are:

| Name | Principal Business Address | Telephone Number | |------------------|---------------------------------------------------|------------------| | Dennis Goedheid | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | Cedric Degruyter | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | Michael Lester | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | Russ Kraft | 6751 Forum Dr, Ste 230, Orlando, Florida 32821 | (800) 486-6650 | | | | | I received a Disclosure Document issued on April 25, 2024 that included the following exhibits:

A. List of State Administrators F. List of Franchisees
B. List of Agents for Service of Process G. List of Franchisees Who Have Left the System
C. Operations Manual Table of Contents H. State Specific Addenda
D. Financial Statements I. State Effective Dates
E. Franchise Agreement J. Receipts
Date Print Name Signature
Date Print Name Signature

Please sign this copy of the receipt, date your signature, and return it to Casiola Franchise LLC, 6751 Forum Dr, Ste 230, Orlando, Florida 32821.

Casiola.

Source: Item 23 — RECEIPTS (FDD pages 47–209)

What This Means (2024 FDD)

According to the 2024 Casiola Franchise Disclosure Document, the franchise agreement does not always supersede rights and remedies provided by law. Several state-specific amendments clarify the relationship between the franchise agreement and state franchise laws.

For franchisees in Washington, the Washington Franchise Investment Protection Act (Chapter 19.100 RCW) will prevail in the event of a conflict of laws. RCW 19.100.180 and court decisions may supersede the franchise agreement, especially in areas of termination and renewal. Additionally, releases or waivers of rights cannot include rights under the Washington Franchise Investment Protection Act unless executed pursuant to a negotiated settlement with independent counsel.

For franchisees in New York, the franchise agreement specifies that nothing within it should be considered a waiver of any right conferred upon the franchisee by New York General Business Law, Sections 680-695. Similarly, for franchisees in Maryland, the agreement is amended to ensure that franchisees can bring lawsuits in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, and that general releases do not apply to liabilities under this law. The agreement also specifies a three-year limitation for claims arising under the Maryland Franchise Registration and Disclosure Law.

For franchisees in Hawaii and Illinois, no statement, questionnaire, or acknowledgment can waive claims under applicable state franchise laws, including fraud in the inducement, or disclaim reliance on statements made by Casiola. In Minnesota, the franchise agreement is amended to ensure that all rights and causes of action arising from the Minnesota Franchise Act remain in force, and that franchisees are provided with certain termination and non-renewal rights, including a 180-day notice of nonrenewal in certain cases. These amendments collectively ensure that franchisees retain certain statutory rights and remedies, and that the franchise agreement is interpreted in conjunction with applicable state laws.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.