What jurisdictional requirements must be met independently without reference to the amendment for each provision of the Casiola amendment to be effective?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 23: RECEIPTS]
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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 the Hawaii Franchise Investment Law 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.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this Hawaii State amendment to Casiola Franchise LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
[Item 23: RECEIPTS]
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- All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
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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 the Maryland Franchise Registration and Disclosure Law 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.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this Maryland amendment to Casiola Franchise LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
[Item 23: RECEIPTS]
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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 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.
[Item 23: RECEIPTS]
Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Minnesota Franchise Act are met independently without reference to this amendment.
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 Minnesota State amendment to Casiola Franchise LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
[Item 23: RECEIPTS]
Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the New York General Business Law, are met independently without reference to this amendment.
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 New York amendment to Casiola Franchise LLC Franchise Agreement on the same date as the Franchise Agreement was executed.
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.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, each provision within the state-specific amendments to the franchise agreement is only effective if the jurisdictional requirements of the relevant state's franchise law are met independently, without considering the amendment itself. This requirement applies specifically to the franchise laws of Hawaii, Maryland, Illinois, Minnesota, New York, and North Dakota.
For a prospective Casiola franchisee, this means that the protections and regulations provided by these state franchise laws must apply to their situation regardless of any modifications or additions made by the amendment. The amendment cannot create jurisdiction where it doesn't already exist under state law. This ensures that Casiola cannot use the amendment to circumvent existing state franchise laws.
For example, if a franchisee is not a resident of New York and will not be opening their outlet in New York, the New York General Business Law might not apply, and therefore the New York amendment would not be effective. Similarly, the North Dakota Addendum is only applicable if the franchisee is a resident of North Dakota or if their Casiola business will be located within the State of North Dakota. This condition ensures that the franchisee can only invoke the protections of the state amendment if they independently meet the criteria for being covered by that state's franchise laws.
This requirement protects franchisees by ensuring that their rights and obligations are primarily governed by established state laws, rather than being solely dependent on the amendment's provisions. It also means that franchisees need to be aware of the specific jurisdictional requirements of their state's franchise laws to fully understand their rights and the effectiveness of the state-specific amendments to the Casiola franchise agreement.