Under what circumstances does the North Dakota Addendum apply to the Casiola Franchise Agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
The North Dakota Addendum is only applicable if you are a resident of North Dakota or if your Casiola Business will be located within the State of North Dakota.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the North Dakota Addendum to the Franchise Agreement applies specifically if a franchisee is a resident of North Dakota or if their Casiola business will be located within the state of North Dakota. This addendum modifies certain articles of the standard Franchise Agreement to comply with the North Dakota Franchise Investment Law, Section 51-19.
The North Dakota Addendum includes several amendments to the Casiola Franchise Agreement. These amendments address provisions related to general releases upon renewal, consent to termination or liquidated damages, covenants not to compete, consent to jurisdiction of courts outside of North Dakota, the application of North Dakota law, waiver of trial by jury, and waiver of exemplary and punitive damages.
For a prospective Casiola franchisee in North Dakota, this means that certain clauses in the standard franchise agreement that might be unfavorable or conflict with North Dakota law are modified to be more equitable and compliant with state regulations. It is important for potential franchisees to carefully review the North Dakota Addendum in conjunction with the Franchise Agreement to understand their rights and obligations under North Dakota law.