What is the relationship between the Addendum and the Churchs Chicken Development Agreement?
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 | ||
| execution | of the | formed in ("Developer") is entered into simultaneously with the Development Agreement. |
| Development to and/or | 1. Developer (C) all or | 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 was made in the State of New York; (B) Developer is a resident of the State of New York; part of the Development Area will be located, in the State of New York. |
| Law, | 2. Article 33, | Any provision in the Agreement that is inconsistent with the New York General Business Sections 680 – 695, may not be enforceable. |
| 3. | The | |
| following | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 11 | ||
| of | ||
| the | ||
| Agreement: | ||
| Cajun | ||
| will | ||
| not | ||
| assign | ||
| its | ||
| rights | ||
| under | ||
| this | ||
| Agreement, | ||
| except | ||
| to | ||
| an | ||
| assignee | ||
| who | ||
| in | ||
| Cajun's | ||
| good | ||
| faith | ||
| and | ||
| judgment | ||
| is | ||
| willing | ||
| and | ||
| able | ||
| to | ||
| assume | ||
| Cajun's | ||
| obligations | ||
| under | ||
| this | ||
| Agreement. | ||
| 4. | The | |
| following | ||
| sentence | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Sections | ||
| 12.B.(5) | ||
| and | ||
| 13 | ||
| of | ||
| the | ||
| Agreement: | ||
| Any | ||
| provision | ||
| in | ||
| this | ||
| Agreement | ||
| requiring | ||
| Developer | ||
| to | ||
| sign | ||
| a | ||
| general | ||
| release | ||
| of | ||
| claims | ||
| against | ||
| Cajun | ||
| does | ||
| not | ||
| release | ||
| any | ||
| claim | ||
| Developer | ||
| may | ||
| have | ||
| under | ||
| New | ||
| York | ||
| General | ||
| Business | ||
| Law, | ||
| Article | ||
| 33, | ||
| Sections | ||
| 680-695. | ||
| 5. | The | |
| following | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.A. | ||
| of | ||
| the | ||
| Agreement: | ||
| Notwithstanding | ||
| the | ||
| foregoing, | ||
| the | ||
| New | ||
| York | ||
| Franchises | ||
| Law | ||
| shall | ||
| govern | ||
| any | ||
| claim | ||
| arising | ||
| under | ||
| that | ||
| law. | ||
| 6. | The | |
| following | ||
| is | ||
| added | ||
| to | ||
| the | ||
| end | ||
| of | ||
| Section | ||
| 23.F. | ||
| of | ||
| the | ||
| Agreement: | ||
| Cajun's | ||
| right | ||
| to | ||
| obtain | ||
| injunctive | ||
| relief | ||
| exists | ||
| only | ||
| after | ||
| proper | ||
| proofs | ||
| are | ||
| made | ||
| and | ||
| the | ||
| appropriate | ||
| authority | ||
| has | ||
| granted | ||
| such | ||
| relief. | ||
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 is an integral part of the Development Agreement. Specifically, the provisions outlined in the Addendum are incorporated directly into the Development Agreement, meaning they both function as a single, cohesive contract. This Addendum is executed simultaneously with the Development Agreement.
For prospective Churchs Chicken franchisees, this means that the Addendum isn't a separate or optional document, but a mandatory component that modifies or supplements the original Development Agreement. Franchisees need to understand that both documents must be read together to fully grasp their rights and obligations.
Notably, the FDD excerpts provide specific examples of how the Addendum modifies the Development Agreement in certain states like New York, Maryland and Illinois. For instance, the Addendum may address issues such as governing law, payment of development fees, and release of claims, tailoring the agreement to comply with specific state franchise laws. Therefore, franchisees should pay close attention to any Addendum that applies to their specific state or situation, as it can significantly impact the terms of their franchise agreement with Churchs Chicken.