If the Development Area for a Churchs Chicken franchise will be located in Illinois, does the addendum apply?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 50–55)
What This Means (2025 FDD)
According to the 2025 Churchs Chicken Franchise Disclosure Document, an addendum to the Development Agreement is required if the Development Area is located in Illinois. The addendum is integrated into the Development Agreement and is executed because the offer or sale of the franchise was made in Illinois, the developer is a resident of Illinois, or the Development Area will be located in Illinois.
The Illinois addendum modifies certain aspects of the Development Agreement to comply with the Illinois Franchise Disclosure Act. Specifically, it addresses jurisdiction and venue, stating that any provision in the Development Agreement or Franchise Agreement that designates jurisdiction or venue outside of Illinois is void with respect to actions enforceable in Illinois. Additionally, Illinois law governs both the Development Agreement and the Franchise Agreement.
The addendum also includes a statement regarding Section 41 of the Illinois Franchise Disclosure Act, which voids any condition, stipulation, or provision that attempts to waive compliance with the Act. Furthermore, it specifies that each provision of the Illinois Disclosure is effective only to the extent that the jurisdictional requirements of the Illinois Franchise Disclosure Act are independently met.