Does the Illinois Rider supersede any conflicting provisions in the Cicis Franchise Agreement?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
parties have executed and delivered this Rider to be effective as of the effective date of the Area Development Agreement.
ON SMILE LLC, DEVELOPER: a Delaware limited liability company [Name] Title: Date: THE FOLLOWING PAGES IN THIS EXHIBIT ARE STATE-SPECIFIC RIDERS TO THE FRANCHISE AGREEMENT
RIDER TO THE ON SMILE LLC FRANCHISE 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," | "us," | or whose | "our"), principal | and business |
| address is | ("you" or "your"). | ||||||
| 1. | BACKGROUND. We and you are parties to that certain Franchise Agreement dated, 20 (the "Franchise Agreement") that has been signed concurrently with the signing of this Rider. Franchise Agreement. This Rider is annexed to and forms part of the Franchise Agreement. This Rider supersedes any inconsistent or conflicting provisions of the Franchise Agreement. |
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)
What This Means (2025 FDD)
According to Cicis' 2025 Franchise Disclosure Document, the Illinois Rider does indeed take precedence over any conflicting terms within the Franchise Agreement. Specifically, the Rider is designed to address situations where a franchisee is domiciled in Illinois or when the franchise offer is made or accepted in Illinois, and the Cicis restaurants developed under the Franchise Agreement are located or will be operated in Illinois. This ensures that the specific protections and regulations provided by Illinois law are upheld.
This means that if there's a disagreement between what's written in the standard Franchise Agreement and what's in the Illinois Rider, the Rider's terms will apply. This is particularly important for franchisees operating in Illinois, as it ensures compliance with the Illinois Franchise Disclosure Act and other relevant state laws. The Rider often includes provisions that protect franchisees from waiving rights or compliance with Illinois franchise laws.
For a prospective Cicis franchisee in Illinois, this is a beneficial provision. It confirms that the franchise agreement will adhere to Illinois state laws, offering an additional layer of protection. It is common for franchise agreements to be governed by the laws of a particular state, but the Illinois Rider reinforces that Illinois law will prevail in key areas, especially concerning franchisee rights and disclosures. Franchisees should carefully review the Rider to understand how it modifies the standard Franchise Agreement and what specific rights and protections it provides under Illinois law.