What is the geographic relevance of the Addendum to the Churchs Chicken Development Agreement?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT O
STATE-SPECIFIC ADDENDA TO DEVELOPMENT AGREEMENT
Exhibit O-1
ADDENDUM TO THE CHURCH'S TEXAS CHICKEN DEVELOPMENT AGREEMENT REQUIRED FOR ILLINOIS FRANCHISEES
| This | Addendum to the Church's Texas Chicken Development Agreement dated ("Development Agreement") between CAJUN GLOBAL LLC, d/b/a Church's | |
|---|---|---|
| Texas Chicken | a Delaware limited liability company ("Cajun"), and , a formed in ("Developer") is entered into simultaneously with the | |
| execution | of | Development |
| the | Agreement. | |
| Development to all (C) | 1. Developer was or part of | The provisions of this Addendum form an integral part of, and are incorporated into the Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise made in the State of Illinois; (B) Developer is a resident of the State of Illinois; and/or the Development Area will be located, in the State of Illinois. |
| 2. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| at | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.A. | ||
| of | ||
| the | ||
| Agreement: | ||
| Notwithstanding | ||
| the | ||
| foregoing, | ||
| Illinois | ||
| law | ||
| shall | ||
| govern | ||
| this | ||
| Agreement. | ||
| 3. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.B. | ||
| of | ||
| the | ||
| Agreement: | ||
| Section | ||
| 4 | ||
| of | ||
| the | ||
| Illinois | ||
| Franchise | ||
| Disclosure | ||
| Act | ||
| provides | ||
| that | ||
| any | ||
| provision | ||
| in | ||
| a | ||
| franchise | ||
| agreement | ||
| that | ||
| designates | ||
| jurisdiction | ||
| or | ||
| venue | ||
| in | ||
| a | ||
| forum | ||
| outside | ||
| of | ||
| Illinois | ||
| is | ||
| void | ||
| with | ||
| respect | ||
| to | ||
| any | ||
| cause | ||
| of | ||
| action | ||
| that | ||
| otherwise | ||
| is | ||
| enforceable | ||
| in | ||
| Illinois. | ||
| 4. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| at | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.C. | ||
| of | ||
| the | ||
| Agreement: | ||
| Section | ||
| 27 | ||
| of | ||
| the | ||
| Illinois | ||
| Franchise | ||
| Disclosure | ||
| Act | ||
| provides | ||
| that | ||
| causes | ||
| of | ||
| action | ||
| under | ||
| the | ||
| Act | ||
| must | ||
| be | ||
| brought | ||
| within | ||
| the | ||
| earlier | ||
| of: | ||
| 3 | ||
| years | ||
| of | ||
| the | ||
| violation, | ||
| 1 | ||
| year | ||
| after | ||
| the | ||
| franchisee | ||
| becomes | ||
| aware | ||
| of | ||
| the | ||
| underlying | ||
| facts | ||
| or | ||
| circumstances | ||
| or | ||
| 90 | ||
| days | ||
| after | ||
| delivery | ||
| to | ||
| the | ||
| franchisee | ||
| of | ||
| a | ||
| written | ||
| notice | ||
| disclosing | ||
| the | ||
| violation. | ||
| 5. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 25 | ||
| of | ||
| the | ||
| Agreement: | ||
| Section | ||
| 41 | ||
| of | ||
| the | ||
| Illinois | ||
| Franchise | ||
| Disclosure | ||
| Act | ||
| states | ||
| that | ||
| any | ||
| condition, | ||
| stipulation, | ||
| or | ||
| provision | ||
| purporting | ||
| to | ||
| bind | ||
| any | ||
| person | ||
| requiring | ||
| any | ||
| franchise | ||
| owner | ||
| to | ||
| waive | ||
| compliance | ||
| with | ||
| any | ||
| provision | ||
| of | ||
| this | ||
| Act | ||
| is | ||
| void. |
[SIGNATURES CONTAINED ON NEXT PAGE]
Any capitalized terms that are not defined in this Addendum shall have the meaning given
Except as expressly modified by this Addendum, the Development Agreement remains
them in the Development Agreement.
unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement as of the day and year first above written.
CAJUN: CAJUN GLOBAL LLC DEVELOPER:
Exhibit O-2
ADDENDUM TO THE CHURCH'S TEXAS CHICKEN DEVELOPMENT AGREEMENT REQUIRED FOR MARYLAND FRANCHISEES
| This | Addendum to the Church's Texas Chicken Development Agreement dated | |
|---|---|---|
| ("Development | ||
| Agreement") | ||
| between | ||
| CAJUN | ||
| GLOBAL | ||
| LLC, | ||
| d/b/a | ||
| Church's | ||
| Texas Chicken | a | |
| Delaware | ||
| limited | ||
| liability | ||
| company | ||
| ("Cajun"), | ||
| and | ||
| , | ||
| a | ||
| formed | ||
| in | ||
| ("Developer") | ||
| is | ||
| entered | ||
| into | ||
| simultaneously | ||
| with | ||
| the | ||
| execution | of | Development |
| the | Agreement. | |
| 1. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Sections | ||
| 4 | ||
| (Development | ||
| Fee) | ||
| of | ||
| the | ||
| Agreement: | ||
| Notwithstanding | ||
| the | ||
| foregoing, | ||
| in | ||
| the | ||
| State | ||
| of | ||
| Maryland, | ||
| Cajun | ||
| will | ||
| defer | ||
| the | ||
| payment | ||
| of | ||
| the | ||
| Development | ||
| Fee | ||
| until | ||
| the | ||
| first | ||
| restaurant | ||
| that | ||
| Developer | ||
| develop | ||
| under | ||
| this | ||
| Agreement | ||
| opens | ||
| for | ||
| business. Upon | ||
| the | ||
| opening | ||
| of | ||
| the | ||
| first | ||
| restaurant, | ||
| Developer | ||
| shall | ||
| pay | ||
| to | ||
| Cajun | ||
| the | ||
| Development | ||
| Fee. | ||
| Agreement: | 2. | The |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Sections | ||
| 13 | ||
| (General | ||
| Release) | ||
| of | ||
| the | ||
| This | ||
| release | ||
| shall | ||
| not | ||
| apply | ||
| to | ||
| any | ||
| liability | ||
| under | ||
| the | ||
| Maryland | ||
| Franchise | ||
| Registration | ||
| and | ||
| Disclosure | ||
| Law. | ||
| Limitations) | 3. of | The following new subsection is added to Section 23 (Governing Law, Forum, the Agreement: |
- H. Notwithstanding any other provision of this Agreement to the contrary, Developer may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of a License.
-
- The following sentence is added to the end of Section 25 (Representations) of the Agreement:
Section 14-226 of the Maryland Franchise Registration and Disclosure Law prohibits a franchisor from requiring a prospective franchisee to assent to any release, estoppel, or waiver of liability as a condition of purchasing a franchise. Representations in this Agreement are not intended to, nor shall they act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
-
- Sections 5.A, B, E, G, I, J, and K of the Development Agreement are deleted in their entirety. Sections 25.A, B, D, E, G, I, J, and K of the Development Agreement are also deleted in their entirety.
-
- The Compliance Certification is amended to include the following:
All representations requiring prospective developers to assent to any release, estoppel, or waiver of liability are not intended to, nor shall they act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
-
- No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
-
- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement.
-
- Except as expressly modified by this Addendum, the Development Agreement remains unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement as of the day and year first above written.
CAJUN:
CAJUN GLOBAL LLC By: Name: Title: Date: DEVELOPER: _______________________________ By: Name: Title:
Date:
Exhibit O-3
ADDENDUM TO THE CHURCH'S TEXAS CHICKEN DEVELOPMENT AGREEMENT REQUIRED FOR MINNESOTA FRANCHISEES
| This | Addendum to the Church's Texas Chicken Development Agreement dated | |
|---|---|---|
| ("Development | ||
| Agreement") | ||
| between | ||
| CAJUN | ||
| GLOBAL | ||
| LLC, | ||
| d/b/a | ||
| Church's | ||
| Texas Chicken | a | |
| Delaware | ||
| limited | ||
| liability | ||
| company | ||
| ("Cajun"), | ||
| and | ||
| , | ||
| a | ||
| formed | ||
| in | ||
| ("Developer") | ||
| is | ||
| entered | ||
| into | ||
| simultaneously | ||
| with | ||
| the | ||
| execution | of | Development |
| the | Agreement. | |
| 1. | The | |
| following | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Sections | ||
| 14.B | ||
| and | ||
| 23.F: | ||
| Developer | ||
| cannot | ||
| consent | ||
| to | ||
| Cajun | ||
| obtaining | ||
| injunctive | ||
| relief. | ||
| Cajun | ||
| may | ||
| seek | ||
| injunctive | ||
| relief. | ||
| See | ||
| Minnesota | ||
| Rule | ||
| 2860.4400(J). | ||
| Also, | ||
| a | ||
| court | ||
| will | ||
| determine | ||
| if | ||
| a | ||
| bond | ||
| is | ||
| required. | ||
| 2. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 13: | ||
| Minnesota | ||
| Rules | ||
| 2860.4400(D) | ||
| prohibits | ||
| Cajun | ||
| from | ||
| requiring | ||
| Developer | ||
| to | ||
| assent | ||
| to | ||
| a | ||
| general | ||
| release. | ||
- The following sentences are added to the end of Section 23:
Minnesota Statute 80C.21 and Minnesota Rule 2860.4400(J) prohibit Cajun from requiring litigation to be conducted outside Minnesota, requiring waiver of a jury trial, or requiring Developer to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce (1) any of Developer's rights as provided for in Minnesota Statute 80C or (2) Developer's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
The Limitations of Claims section must comply with Minnesota Statute 80C.17 Subd. 5.
4.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 50–55)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, the Addendum to the Churchs Chicken Development Agreement has geographic relevance, specifically pertaining to the states of New York and Illinois. The addendum is executed because the offer or sale of a franchise was made in either New York or Illinois, the developer is a resident of either New York or Illinois, and/or part of the development area will be located in either of those states.
For New York, any provision in the agreement that is inconsistent with the New York General Business Sections 680-695 may not be enforceable. Cajun (Churchs Chicken) will not assign its rights under the agreement, except to an assignee who is willing and able to assume Cajun's obligations under the agreement. Any provision requiring the developer to sign a general release of claims against Cajun does not release any claim the developer may have under New York General Business Law, Article 33, Sections 680-695. The New York Franchises Law shall govern any claim arising under that law, and Cajun's right to obtain injunctive relief exists only after proper proofs are made and the appropriate authority has granted such relief.
For Illinois, Illinois law shall govern the agreement. Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement that designates jurisdiction or venue in a forum outside of Illinois is void with respect to any cause of action that otherwise is enforceable in Illinois. Section 27 of the Illinois Franchise Disclosure Act provides that causes of action under the Act must be brought within the earlier of: 3 years of the violation, 1 year after the franchisee becomes aware of the underlying facts or circumstances, or 90 days after delivery to the franchisee of a written notice disclosing the violation. Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation, or provision purporting to bind any person requiring any franchise owner to waive compliance with any provision of this Act is void.
For Minnesota, the developer cannot consent to Cajun obtaining injunctive relief; Cajun may seek injunctive relief. Also, a court will determine if a bond is required. Minnesota Rules 2860.4400(D) prohibits Cajun from requiring Developer to assent to a general release.