In Maryland, what is the effect of the Maryland Addendum on other terms of the Chocolate Fish Coffee franchise agreement?
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.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, the Maryland Rider to the Franchise Agreement and Multi-Unit Development Agreement for Chocolate Fish Coffee addresses specific legal considerations for franchisees in Maryland. This rider amends the existing agreements between Chocolate Fish Franchising, LLC and the franchisee.
Specifically, the Maryland Rider clarifies that representations requiring prospective franchisees to release, estop, or waive liability are not intended to, and will not, act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Law. Additionally, any provision in the agreement that limits the time frame for causes of action will not apply to causes of action under the Maryland Franchise Law, Business Regulation Article, §14-227, Annotated Code of Maryland, which requires franchisees to bring an action under such law within three years after the grant of the franchise.
Furthermore, the Maryland Rider ensures that franchisees do 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 addendum is effective as of the effective date of the franchise agreement. These stipulations ensure that Chocolate Fish Coffee franchisees in Maryland retain their rights and protections under Maryland franchise law, regardless of any conflicting terms in the standard franchise agreement.