Are there any State Addenda to Agreements included in the Chocolate Fish Coffee franchise offering?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
emainder of this Release will not be affected and will remain in full force and effect. In the event of any dispute concerning this Release, the dispute resolution, governing law, and venue provisions of the Franchise Agreement shall apply. Releasor agrees to take any actions and sign any documents that Franchisor reasonably requests to effectuate the purposes of this Release. This Release contains the entire agreement of the parties concerning the subject matter hereof.
5. State Addenda.
[Maryland Residents]: This Release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
[Washington Residents]: A release or waiver of rights executed by a franchisee shall not include rights under the Washington Franchise Investment Protection Act except when executed pursuant to a negotiated settlement after the franchise agreement is in effect and where the parties are represented by independent counsel.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, the franchise agreement may include state-specific addenda. Exhibit E lists state administrators and agents for service of process in states where Chocolate Fish Coffee may register the disclosure document. This suggests that if Chocolate Fish Coffee pursues franchise registration or complies with franchise investment laws in certain states, there will be state administrators responsible for reviewing, registering, and overseeing franchises in those states.
Additionally, the Release agreement includes specific clauses for Maryland and Washington residents. For Maryland residents, the release does not apply to any liability under the Maryland Franchise Registration and Disclosure Law. For Washington residents, a release or waiver of rights executed by a franchisee shall not include rights under the Washington Franchise Investment Protection Act unless executed pursuant to a negotiated settlement after the franchise agreement is in effect and where the parties are represented by independent counsel.
These state-specific provisions in the Release agreement indicate that Chocolate Fish Coffee acknowledges and addresses specific state laws related to franchising. Prospective franchisees should carefully review Exhibit E and any state-specific addenda to understand their rights and obligations under the laws of their particular state. It is also advisable to seek legal counsel to ensure full compliance with all applicable state regulations.