Does the Illinois Rider to the Checkers Development Agreement address governing law?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
- Governing Law. Section 10.07 of the Agreement shall be amended further by adding the following:
Despite the provision above, Franchisor and Franchisee agree that Illinois law will govern this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the Illinois Rider to the Development Agreement does address governing law. Specifically, it amends the original agreement to state that Illinois law will govern the Development Agreement, regardless of any conflicting provisions in the original agreement. This ensures that the agreement is interpreted and enforced in accordance with Illinois state law.
This provision is important for prospective Checkers franchisees in Illinois because it provides clarity and protection under Illinois law. It means that any legal disputes related to the Development Agreement will be subject to Illinois's legal standards and interpretations. This can be beneficial as it ensures that franchisees are afforded the rights and protections provided by Illinois franchise law, including the Illinois Franchise Disclosure Act.
Furthermore, the Illinois Rider explicitly states that any attempt to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This reinforces the franchisee's rights and prevents Checkers from enforcing any provisions that might undermine those rights under Illinois law. This protection against waivers is a standard feature in franchise agreements in many states, designed to protect franchisees from unknowingly giving up their legal rights.