In the Cicis franchise agreement, if a law requires more notice of termination than the agreement specifies, what action will be taken?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
If any applicable and binding law or rule of any jurisdiction requires more notice than this Agreement requires of this Agreement's termination or of our refusal to enter into a successor franchise agreement, or some other action that this Agreement does not require, or if, under any applicable and binding law or rule of any jurisdiction, any provision of this Agreement or any System Standard is invalid, unenforceable, or unlawful, the notice or other action required by the law or rule will be substituted for the comparable provisions of this Agreement, and we may modify the invalid or unenforceable provision or System Standard to the extent required to be valid and enforceable or delete the unlawful provision in its entirety. You agree to be bound by any promise or covenant imposing the maximum duty the law permits which is subsumed within any provision of this Agreement, as though it were separately articulated in and made a part of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, if any applicable law requires more notice for termination than the franchise agreement stipulates, the requirements of that law will supersede the agreement's provisions. Specifically, the notice or other action required by the law will be substituted for the comparable provisions in the Cicis franchise agreement. Additionally, Cicis has the option to modify any invalid or unenforceable provision or System Standard to the extent required to be valid and enforceable, or even delete the unlawful provision entirely.
This clause ensures that the Cicis franchise agreement remains compliant with all applicable laws and regulations. It protects the franchisee by ensuring they receive at least the minimum level of notice required by law, which could be more extensive than what the standard agreement provides.
For a prospective Cicis franchisee, this means that the franchise agreement is designed to adapt to local legal requirements, providing a degree of legal security. However, it also means that the franchisee must be aware of and comply with all applicable laws in their jurisdiction, as these laws could modify the terms of the franchise agreement. It is advisable for franchisees to seek legal counsel to understand how local laws may affect their franchise agreement.