factual

What is the relationship between the Addendum and the Churchs Chicken Franchise Agreement?

Churchs_Chicken Franchise · 2025 FDD

Answer 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.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.