What is the dependency between the Indiana Acts and the Chocolate Fish Coffee franchise agreement?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
ILLINOIS RIDER TO FRANCHISE 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. in the Agreement. Capitalized terms used but not defined in this Rider have the meanings given The "Illinois Act" means the Illinois Franchise Disclosure Act of 1987. 2. Agreement provides will be resolved by arbitration. Governing Law and Jurisdiction. Notwithstanding any provision of the Agreement to the contrary, the Agreement is governed by Illinois law. The parties irrevocably submit to the jurisdiction and venue of the federal and state courts in Illinois, except for matters which the 3. the violation upon which it is based, the expiration of 1 year after Franchisee become notice disclosing the violation, whichever shall first expire. Limitation of Claims. No action can be maintained to enforce any liability created by the Illinois Act unless brought before the expiration of 3 years from the act or transaction constituting aware of facts or circumstances reasonably indicating that Franchisee may have a claim for relief in respect to conduct governed by the Illinois Act, or 90 days after delivery to the Franchisee of a written 4. Waivers Void. Notwithstanding any provision of the Agreement to the contrary, any condition, stipulation, or provision purporting to bind Franchisee to waive compliance with any provision of the Illinois Act or any other law of the State of Illinois is void. This Section shall not prevent Franchisee from entering into a settlement agreement or executing a general release regarding a potential or actual lawsuit filed under any of the provisions of this Act, nor shall it prevent the arbitration of any claim pursuant to the provisions of Title 9 of the United States Code. 5. Effective Date. This Rider is effective as of the Effective Date. Agreed to by: CHOCOLATE FISH FRANCHISING, LLC Date:
Date:
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, there is no Indiana Rider included in the excerpts. The document includes an Illinois Rider to Franchise and Multi-Unit Development Agreement that amends the agreement between Chocolate Fish Franchising, LLC, and the franchisee. The "Illinois Act" refers to the Illinois Franchise Disclosure Act of 1987. The rider stipulates that Illinois law governs the agreement, and any disputes will be resolved in Illinois courts, except for arbitration matters. It also sets a limitation of 3 years for actions to enforce liability under the Illinois Act and voids any waivers of compliance with the Illinois Act.
Without an Indiana Rider, the standard terms of the Chocolate Fish Coffee franchise agreement would apply to franchisees in Indiana. These terms typically cover aspects such as governing law, dispute resolution, and waivers, which might differ from the specific protections or requirements under Indiana law.
A prospective franchisee in Indiana should inquire with Chocolate Fish Coffee about whether an Indiana-specific addendum or rider exists and how Indiana franchise laws affect the franchise agreement. They should also seek independent legal counsel to understand their rights and obligations under both the franchise agreement and Indiana state law.