What law governs the franchise agreements between parties in Illinois for Chocolate Fish Coffee?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
Agreement**
STATE ADDENDA TO AGREEMENTS
CALIFORNIA RIDER TO FRANCHISE AND MULTI-UNIT DEVELOPMENT AGREEMENT
| SUMMARY PAGE | | |---|---| | Franchisee | | | Initial Franchise Fee | $ | | Development Area | | | Opening Deadline | | | Principal Executive | | | Franchisee’s Address | |
| Name: | Name: |
|---|---|
| Title: | Title: |
| Date: | Date: |
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.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, for franchise agreements in Illinois, the Illinois Franchise Disclosure Act of 1987, also referred to as the "Illinois Act," governs the agreement. Furthermore, the agreement is generally governed by Illinois law, and parties must submit to the jurisdiction and venue of federal and state courts in Illinois. This is detailed in the Illinois Rider to the Franchise and Multi-Unit Development Agreement.
There are some limitations to 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 or the expiration of 1 year after the franchisee becomes aware of facts or circumstances reasonably indicating that the franchisee may have a claim for relief or 90 days after delivery to the Franchisee of a written notice disclosing the violation, whichever expires first.
Any attempt to waive compliance with the Illinois Act or any other law of the State of Illinois is void. This does not prevent the 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. This ensures that franchisees in Illinois retain their rights and protections under Illinois law, despite any general provisions in the franchise agreement that might suggest otherwise.