Does the Illinois Rider to the Checkers Franchise Agreement address governing law?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
- Governing Law. Section 18.08 of the Agreement shall be amended 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 Franchise Agreement does address governing law. Specifically, it amends Section 18.08 of the Franchise Agreement to state that Illinois law will govern the agreement, overriding any conflicting provision in the original agreement. This ensures that the franchise agreement is interpreted and enforced in accordance with Illinois law.
This provision is included in recognition of the requirements of the Illinois Franchise Disclosure Act. It means that if a Checkers franchisee in Illinois has a dispute with the franchisor, Illinois state law will be applied to resolve the issue. This can be beneficial for franchisees as it ensures that they are protected by the laws of their state.
Furthermore, the Illinois Rider also includes a clause stating that any attempt to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This reinforces the protection afforded to franchisees under Illinois law and prevents Checkers from circumventing these protections through contractual clauses. This provision ensures that Checkers franchisees operating in Illinois receive the full protection of Illinois law, which is a standard practice in franchise agreements to comply with state-specific regulations.