What is the title of Article 18.F. of the Casiola Franchise Agreement that is amended by the Illinois Addendum?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
- Article 18.F. of the Franchise Agreement, under the heading "Governing Law", shall be amended by the addition of the following statement added after the end of the last sentence of Article 18.F. of the Franchise Agreement:
Illinois Addendum: Illinois law governs the agreements between the parties to this franchise.
Section 4 of the Illinois Franchise Disclosure Act Provides that any provision in a Franchise Agreement that designates jurisdiction or venue outside the State of Illinois is void. However, a Franchise Agreement may provide for arbitration in a venue outside Illinois.
Your rights upon termination and non-renewal of a Franchise Agreement are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.
Section 41 of the Illinois Franchise Disclosure Act Provides that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act, or any other law of Illinois is void.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, Article 18.F. of the Franchise Agreement, which is amended by the Illinois Addendum, is titled "Governing Law". This means that the Illinois Addendum specifically modifies the section of the agreement that dictates which state's laws will be used to interpret and enforce the franchise agreement between Casiola and the franchisee in Illinois.
This amendment is important for prospective Casiola franchisees in Illinois because it ensures that Illinois law will govern the franchise agreement. The Illinois Franchise Disclosure Act provides certain protections and rights to franchisees, and this amendment reinforces that those rights cannot be waived or superseded by provisions in the standard franchise agreement that might designate a different jurisdiction.
Specifically, the Illinois Addendum states that any provision designating jurisdiction or venue outside of Illinois is void, although the agreement may still provide for arbitration outside of Illinois. It also clarifies that the franchisee's rights upon termination and non-renewal are protected under Sections 19 and 20 of the Illinois Franchise Disclosure Act, and that no condition can force a franchisee to waive compliance with Illinois law. This ensures that Casiola franchisees operating in Illinois receive the full protection of Illinois state law.