Under what state's laws will the Casiola Franchise Agreement be governed, construed, and enforced?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
| Franchisor: Casiola Franchise LLC | Franchisee: | |
|---|---|---|
| By: | Signature | |
| Signature | ||
| Name and Title (please print) | Name (please print) | |
| Dated | Dated |
ILLINOIS FRANCHISE AGREEMENT AMENDMENT
Amendments to the Casiola Franchise Agreement:
In recognition of the requirements of the Illinois Franchise Disclosure Act, 815 ILCS 705/1 to 705/45, and Ill. Admin. Code tit. 15, §200.100 et seq., the undersigned agree to the following modifications to Casiola Franchise LLC Franchise Agreement (the "Franchise Agreement") and, if Franchisor and Franchisee both sign Casiola Franchise LLC, as follows:
- Article 18.F.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the Franchise Agreement's governing law depends on the franchisee's location. For franchisees in Illinois, the Illinois Franchise Agreement Amendment states that Illinois law governs the agreements between the parties. Similarly, for franchisees in North Dakota, the North Dakota Franchise Agreement Amendment indicates that North Dakota law shall apply. These amendments supersede any conflicting provisions in the standard Franchise Agreement.
For prospective Casiola franchisees, this means that the laws of their state will generally govern the franchise agreement if they are located in Illinois or North Dakota. This can be beneficial as it ensures that the franchisee's rights under their state's franchise laws are protected. For example, certain provisions in the standard agreement, such as those requiring franchisees to consent to jurisdiction outside of North Dakota or waiving rights to a jury trial, are not enforceable in North Dakota.
However, the FDD only specifies the governing law for Illinois and North Dakota franchisees. For franchisees in other states, the standard Franchise Agreement terms will likely apply, which may designate a different state's laws to govern the agreement. Prospective franchisees should carefully review the Franchise Agreement and any state-specific amendments to understand which laws will govern their agreement and how those laws may impact their rights and obligations. It is advisable to seek legal counsel to fully understand the implications of the governing law provision in their specific circumstances.