Under what circumstances is the Addendum to the Development Agreement for Churchs Chicken executed?
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. |
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 Development Agreement is executed simultaneously with the Development Agreement under specific circumstances related to the location and residency of the developer.
Specifically, the Addendum is executed if (A) the offer or sale of a franchise was made in the State of New York, (B) the developer is a resident of the State of New York, and/or (C) part of the Development Area will be located in the State of New York. A similar addendum is executed if the offer or sale of a franchise was made in the State of Illinois; the developer is a resident of the State of Illinois; and/or the Development Area will be located in the State of Illinois.
These addenda modify the Development Agreement to ensure compliance with specific state laws, such as the New York General Business Law Sections 680 – 695 or the Illinois Franchise Disclosure Act. For example, the addendum for New York clarifies that any provision in the agreement inconsistent with New York law may not be enforceable and includes specific stipulations regarding Cajun's (Churchs Chicken) assignment of rights and the developer's release of claims. The Illinois addendum includes stipulations regarding jurisdiction, venue, and causes of action under the Illinois Franchise Disclosure Act.
For a prospective Churchs Chicken franchisee, this means that the standard Development Agreement may be modified by an addendum if they are developing in certain states like New York or Illinois. It is important to carefully review any such addendum to understand how it alters the original agreement and what specific rights and obligations are affected by state laws. This ensures that the franchisee is aware of their legal protections and responsibilities within the specific jurisdiction.