What is the governing law for Chocolate Bash franchisees operating outlets located in California?

According to Chocolate Bash's 2024 Franchise Disclosure Document, the governing law and choice of law for franchisees operating outlets in California will be the California Franchise Relations Act. This applies regardless of any choice of law or dispute resolution venue stated elsewhere in the franchise agreement. The document explicitly states that any conflicting language in the franchise agreement or any amendments to it is superseded by this condition.

This provision is significant for prospective Chocolate Bash franchisees in California because it ensures that their franchise operations are governed by California law, specifically the California Franchise Relations Act, which is designed to protect franchisees. This means that certain rights and protections afforded to franchisees under California law cannot be waived or overridden by the standard terms of the franchise agreement.

For example, the addendum highlights that California law may provide rights to the franchisee concerning termination, transfer, or non-renewal of a franchise, and if the Franchise Agreement contains a provision that is inconsistent with the law, the law will control. This ensures that franchisees operating in California receive the full protection of California franchise law, regardless of what the standard franchise agreement might otherwise stipulate.