What is the effective date of the New York Rider for Chocolate Fish Coffee?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
3. Effective Date. This Rider is effective as of the Effective Date.
CHOCOLATE FISH FRANCHISING, LLC
NEW YORK 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. Capitalized terms used but not defined in this Rider have the meanings given Definitions. in the Agreement. 2. Waivers Not Required. would relieve Chocolate Fish Franchising by New York General Business Law, Article 33. Notwithstanding any provision of the Agreement to the contrary, Franchisee is not required to assent to a release, assignment, novation, waiver or estoppel which or any other person from any duty or liability imposed 3. Waivers of New York Law Deleted. Agreement purporting to bind Franchisee to waive compliance by Chocolate Fish Franchising deleted. Any condition, stipulation, or provision in the with any provision of New York General Business Law, or any rule promulgated thereunder, is hereby 4. Governing Law. Notwithstanding any provision of the Agreement to the contrary, the New York Franchises Law shall govern any claim arising under that law. 5. Effective Date. This Rider is effective as of the Effective Date.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, the New York Rider to the Franchise and Multi-Unit Development Agreement is effective as of the Effective Date. The rider serves to amend the existing agreement between Chocolate Fish Franchising, LLC, and the franchisee.
The New York Rider includes several stipulations that modify the standard franchise agreement to comply with New York law. Specifically, franchisees in New York are not required to waive any rights or release Chocolate Fish Franchising from liabilities imposed by New York General Business Law. Additionally, any part of the agreement that binds the franchisee to waive compliance with New York General Business Law is deleted.
The rider also specifies that the New York Franchises Law governs any claim arising under that law, regardless of what the main agreement says about governing law. The "Effective Date" is defined in the Franchise Agreement as the date signed by Chocolate Fish Franchising.