If a Cicis franchisee is domiciled in Illinois, what document is signed?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
involves the use of undue influence by the franchisor to induce a franchisee to surrender any rights given to him under the franchise, that provision may not be enforceable.
THE FOLLOWING PAGES IN THIS EXHIBIT ARE STATE-SPECIFIC RIDERS TO THE AREA DEVELOPMENT AGREEMENT
RIDER TO THE ON SMILE LLC AREA DEVELOPMENT AGREEMENT FOR USE IN ILLINOIS
| | | | 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," , whose principal business address | "us," | or | "our"), | and | | 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. conflicting provisions of the Area Development Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Area Development Agreement. This Rider is being signed because (a) you are domiciled in the State of Illinois, or (b) the offer of the franchise is made or accepted in the State of Illinois and the Cicis Buffet Restaurants or Cicis To Go Restaurants that you develop under your Area Development Agreement are or will be located in | | | This Rider supersedes any inconsistent or | | | the State of Illinois. | | | | | | | | 2. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL. The following language is added to the end of Section 9.C. ("Waiver of Punitive Damages and Jury Trial") of the Area Development Agreement:
However, this Section shall not act as a condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Illinois Franchise Disclosure Act at Section 705/41 or Illinois regulations at Section 200.609.
- LIMITATIONS OF CLAIMS. Section 9.F. ("Limitation of Claims") of the Area Development Agreement is amended by adding the following:
However, nothing contained in this Section shall constitute a condition, stipulation, or provision purporting to bind any person to waive compliance with any provision of the Illinois Franchise Disclosure Act at Section 705/27 or any other law of the State of Illinois, to the extent applicable.
- ILLINOIS FRANCHISE DISCLOSURE ACT. The following is added to the end of the Area Development Agreement:
Except for the U.S. Federal Arbitration Act and other federal laws in the U.S., the laws of the State of Illinois will govern this Agreement.
Section 4 of the Illinois Franchise Disclosure Act provides that any provision in an area development agreement that designates jurisdiction outside the State of Illinois is void.
However, an area development agreement may provide for dispute resolution outside of Illinois.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, if a franchisee is domiciled in Illinois, they will sign a rider in conjunction with either the Area Development Agreement or the Franchise Agreement. This rider is signed because the franchisee is domiciled in Illinois, or the offer of the franchise is made or accepted in Illinois, and the Cicis restaurant will be located in Illinois.
The rider is annexed to and forms part of either the Area Development Agreement or the Franchise Agreement, superseding any inconsistent or conflicting provisions within those agreements. This ensures that the specific legal requirements and protections afforded to franchisees in Illinois are upheld.
Several provisions within the Cicis agreements are modified or clarified by the Illinois rider. These modifications address issues such as waiver of compliance with the Illinois Franchise Disclosure Act, choice of law, choice of forum, and limitations on liability. The rider ensures that franchisees do not waive their rights under Illinois franchise law and that Illinois law governs the agreement, except for specific federal laws. Additionally, the rider clarifies that any provision designating jurisdiction outside of Illinois is void, although dispute resolution may occur outside of the state.