What information must the franchisee provide when signing the Illinois amendment to the Casiola Franchise Agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Illinois Franchise Disclosure Act (815 ILCS 705/1 to 705/45) are met independently without reference to this amendment.
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- 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.
IN WITNESS WHEREOF, the parties have duly executed and delivered this Illinois amendment to Casiola Franchise LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, the Illinois amendment to the Casiola Franchise Agreement includes stipulations that the parties have duly executed and delivered the amendment on the same date as the Franchise Agreement was executed. The document confirms that Illinois law governs the franchise agreement, and any provision designating jurisdiction or venue outside of Illinois is void, although arbitration may occur outside of the state. The amendment also states that franchisees cannot waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law.
Furthermore, the Illinois FDD amendment specifies that no statement, questionnaire, or acknowledgment signed by the franchisee in connection with the commencement of the franchise relationship can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Casiola or its representatives. This provision supersedes any other conflicting terms in the franchise documents.
In practical terms, this means that when signing the Illinois amendment, a Casiola franchisee is confirming their agreement to these specific modifications and protections under Illinois law. The franchisee is not explicitly required to provide any specific information beyond their signature and agreement to the terms outlined in the amendment. However, they should be aware of their rights and protections under Illinois law as detailed in the amendment.