What is the relationship between the Addendum and the Churchs Chicken Franchise Agreement?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Addendum to the Church's Texas Chicken Franchise Agreement dated ("Franchise Agreement") between CAJUN GLOBAL LLC, d/b/a Church's Texas Chicken a Delaware |
|---|
| limited |
| liability |
| company |
| ("Cajun"), |
| and |
| , |
| a |
| formed |
| in |
| ("Franchisee") |
| is |
| entered |
| into |
| simultaneously |
| with |
| the |
| execution |
| of |
| the |
| Franchise |
| Agreement. |
| 1. |
| The |
| provisions |
| of |
| this |
| Addendum |
| form |
| an |
| integral |
| part |
| of, |
| and |
| are |
| incorporated |
| into |
| the |
| Franchise |
| Agreement. This |
| Addendum |
| is |
| being |
| executed |
| because: (A) |
| the |
| offer |
| or |
| sale |
| of |
| a |
| franchise |
| to |
| Franchisee |
| was |
| made |
| in |
| the |
| State |
| of |
| New |
| York; |
| Franchisee |
| is |
| a |
| resident |
| of |
| the |
| State |
| of |
| New |
| York; |
| (B) |
| and/or |
| the |
| Franchised |
| Restaurant |
| will |
| be |
| located |
| and/or |
| operated, |
| and/or |
| all |
| or |
| part |
| of |
| the |
| Protected |
| (C) |
| Area |
| will |
| be |
| located, |
| in |
| the |
| State |
| of |
| New |
| York. |
| 2. |
| Any |
| provision |
| in |
| the |
| Franchise |
| Agreement |
| that |
| is |
| inconsistent |
| with |
| the |
| New |
| York |
| General |
| Business |
| Law, |
| Article |
| 33, |
| Sections |
| 680 |
| – |
| 695, |
| may |
| not |
| be |
| enforceable. |
| 3. |
| The |
| following |
| sentence |
| is |
| added |
| to |
| the |
| end |
| of |
| Sections |
| 2.B(2)(e), |
| 15.B.(5) |
| and |
| 16 |
| of |
| the |
| Franchise |
| Agreement: |
| Any |
| provision |
| in |
| this |
| Agreement |
| requiring |
| Franchisee |
| to |
| sign |
| a |
| general |
| release |
| of |
| claims |
| against |
| Cajun |
| does |
| not |
| release |
| any |
| claim |
| Franchisee |
| may |
| have |
| under |
| New |
| York |
| General |
| Business |
| Law, |
| Article |
| 33, |
| Sections |
| 680-695. |
| 4. |
| The |
| following |
| is |
| added |
| to |
| the |
| end |
| of |
| Section |
| 14 |
| of |
| the |
| Franchise |
| 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. |
| 5. |
| The |
| following |
| sentence |
| is |
| added |
| to |
| the |
| end |
| of |
| Sections |
| 17.C.(1)(i) |
| and |
| 27.F.: |
| Cajun's |
| right |
| to |
| obtain |
| injunctive |
| relief |
| exists |
| only |
| after |
| proper |
| proofs |
| are |
| made |
| and |
| the |
| appropriate |
| authority |
| has |
| granted |
| such |
| relief. |
| 6. |
| The |
| following |
| is |
| added |
| to |
| the |
| end |
| of |
| Section |
| 27.A. |
| of |
| the |
| Franchise |
| Agreement: |
| Notwithstanding |
| the |
| foregoing, |
| the |
| New |
| York |
| Franchises |
| Law |
| shall |
| govern |
| any |
| claim |
| arising |
| under |
| that |
| law. |
| 7. |
| Any |
| capitalized |
| terms |
| that |
| are |
| not |
| defined |
| in |
| this |
| Addendum |
| shall |
| have |
| the |
| meaning |
| given |
| them |
| in |
| the |
| Franchise |
| Agreement. |
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, the Addendum is an integral part of the Franchise Agreement. The Addendum modifies the original agreement to account for specific circumstances, such as the franchisee's location or to provide specific incentives.
The Addendum is entered into simultaneously with the execution of the Franchise Agreement. It is executed because the offer or sale of a franchise was made in a specific state, the franchisee is a resident of that state, and/or the franchised restaurant will be located or operated in that state. For example, if a Churchs Chicken franchise is offered or sold in New York, or the franchisee resides or will operate in New York, the addendum ensures compliance with New York General Business Law.
The Addendum may include specific modifications to certain sections of the Franchise Agreement. These modifications can include adding sentences to existing sections or clarifying the applicability of certain laws. For instance, the Addendum might specify that New York Franchises Law governs any claim arising under that law, or that any provision requiring the franchisee to sign a general release of claims does not release claims under New York General Business Law.
Furthermore, the Addendum clarifies the interpretation of terms. Any capitalized terms not defined within the Addendum itself will have the same meaning as defined in the original Franchise Agreement. This ensures consistency and avoids confusion in the interpretation of the agreement's terms.