What is the definition of 'Maryland Franchise Law' in the Chocolate Fish Coffee Maryland Rider?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
MARYLAND RIDER TO FRANCHISE AGREEMENT AND MULTI-UNIT DEVELOPMENT AGREEMENT
("Franchisee"). This Rider amends the Franchise and Multi-Unit Development Agreement dated (the "Agreement"), between Chocolate Fish Franchising, LLC, a Wyoming Limited Liability Company ("Chocolate Fish Franchising") and, a 1. Definitions. Disclosure Law, Business Regulation Article, §14-206, Annotated Code of Maryland. Capitalized terms used but not defined in this Rider have the meanings given in the Agreement. The "Maryland Franchise Law" means the Maryland Franchise Registration and 2. Releases, Estoppels and Waivers of Liability. act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Law. All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they 3. which provides for a period of Statute of Limitations. Any provision of the Agreement limitations for causes of action shall not apply to causes of action under the Maryland Franchise an action under such law within three years after the grant of the franchise. Law, Business Regulation Article, §14-227, Annotated Code of Maryland. Franchisee must bring 4. Jurisdiction. Franchisee does not waive its right to file a lawsuit alleging a cause of action Maryland. arising under the Maryland Franchise Law in any court of competent jurisdiction in the State of 5. Effective Date. This Rider is effective as of the Effective Date. Agreed to by: CHOCOLATE FISH FRANCHISING, LLC
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the Maryland Rider to the Franchise Agreement defines the "Maryland Franchise Law" as the Maryland Franchise Registration and Disclosure Law, Business Regulation Article, §14-206, Annotated Code of Maryland. This definition is important for Chocolate Fish Coffee franchisees in Maryland as it clarifies which specific regulations the franchise agreement is subject to within that state.
This definition ensures that both Chocolate Fish Coffee and the franchisee are aligned on the legal framework governing their relationship in Maryland. The rider also stipulates that no part of the agreement should act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Law, further protecting the franchisee's rights under state law. Additionally, any provisions in the agreement that limit the statute of limitations for causes of action do not apply to causes of action under the Maryland Franchise Law, Business Regulation Article, §14-227, Annotated Code of Maryland, and the franchisee must bring an action under such law within three years after the grant of the franchise.
Furthermore, the rider confirms that the franchisee does not waive their right to file a lawsuit alleging a cause of action arising under the Maryland Franchise Law in any court of competent jurisdiction within the State of Maryland. This provision reinforces the franchisee's ability to seek legal recourse within their own state, should any disputes arise under the franchise agreement that violate Maryland franchise law.