What happens if there are conflicting provisions between the Cicis Franchise Agreement and the Rider?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
le: Date:
RIDER TO THE ON SMILE LLC AREA DEVELOPMENT AGREEMENT FOR USE IN MARYLAND
THIS RIDER is made and entered into by and between ON SMILE LLC, a Delaware limited liability company with its principal business address at 13355 Noel Road, Suite 1645, Dallas, TX 75240 ("we," "us," or "our"), and , whose principal business address is ("you" or "your"). 1. BACKGROUND. We and you are parties to that certain Area Development Agreement dated, 20 (the "Area Development Agreement") that has been signed concurrently with the signing of this Rider. This Rider is annexed to and forms part of the Area Development Agreement. This Rider supersedes any inconsistent or conflicting provisions of the Area Development Agreement.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, the Rider supersedes any inconsistent or conflicting provisions of the Franchise Agreement. This means that if there is a disagreement between the terms outlined in the main Franchise Agreement and those in the Rider, the terms of the Rider will take precedence.
This is particularly relevant for franchisees in states like Illinois and Maryland, where Riders are often used to address specific state laws or regulations. These Riders are annexed to and form part of the Franchise Agreement, but their terms are designed to override any conflicting terms in the original agreement.
For a prospective Cicis franchisee, it's crucial to carefully review both the Franchise Agreement and any Riders attached to it, paying close attention to any clauses that may conflict. Understanding which terms take precedence can help avoid potential disputes and ensure compliance with all applicable laws and regulations.