What New York law governs the Casiola Franchise Agreement amendment?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
In recognition of the requirements of the New York General Business Law, Article 33, Sections 680 through 695, and of the regulations promulgated thereunder (N.Y. Comp. Code R. & Regs., tit. 13, §§ 200.1 through 201.16), the parties to the attached Casiola Franchise LLC Franchise Agreement (the "Franchise Agreement"):
Under Article 14.C. of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," the subarticle 14.C.(6) is supplemented with the addition of the following language:
- ; provided, however, that all rights and causes of action arising in favor of Franchisee from the provisions of New York General Business Law Sections 680-695 and the regulations issued thereunder, shall remain in force; it being the intent of this provision that the non-waiver provisions of N.Y.
Gen.
Bus.
Law Sections 687.4 and 687.5 be satisfied.
Under Article 15.B. of the Franchise Agreement, under the heading "Conditions for Renewal," the subarticle 15.B.(8) is supplemented with the addition of the following language:
- ; provided, however, that all rights and causes of action arising in favor of Franchisee from the provisions of New York General Business Law Sections 680-695 and the regulations issued thereunder, shall remain in force; it being the intent of this provision that the non-waiver provisions of N.Y.
Gen.
Bus.
Law Sections 687.4 and 687.5 be satisfied.
Article 18 of the Franchise Agreement and, under the heading "Enforcement and Construction," shall be supplemented by the addition of the following new subarticle 18.Z. to the Franchise Agreement:
- Nothing in this Agreement should be considered a waiver of any right conferred upon franchisee by New York General Business Law, Sections 680-695.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the New York Franchise Agreement Amendment is governed by the New York General Business Law, Article 33, Sections 680 through 695, and the regulations promulgated thereunder (N.Y. Comp. Code R. & Regs., tit. 13, §§ 200.1 through 201.16). This amendment acknowledges and adheres to these specific legal requirements in New York.
Several provisions within the Casiola Franchise Agreement are modified to ensure compliance with New York law. For instance, the amendment supplements Article 14.C.(6) concerning transfer conditions and Article 15.B.(8) regarding renewal conditions. These additions ensure that the franchisee retains all rights and causes of action arising from New York General Business Law Sections 680-695 and its regulations, explicitly satisfying the non-waiver provisions of N.Y. Gen. Bus. Law Sections 687.4 and 687.5.
Furthermore, Article 18 of the Franchise Agreement is supplemented with a new subarticle 18.Z, which states that nothing in the agreement should be considered a waiver of any right conferred upon the franchisee by New York General Business Law, Sections 680-695. This reinforces the franchisee's rights under New York law and ensures that the franchise agreement does not inadvertently infringe upon those rights. Casiola is ensuring franchisees in New York are afforded all rights and protections under New York law.