Under what circumstances related to laws or rules can Cicis modify a provision or System Standard in the franchise agreement?
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, Cicis has the right to modify provisions or System Standards within the franchise agreement under specific legal or regulatory circumstances. If any applicable and binding law or rule requires more notice than the agreement stipulates for termination, refusal to enter a successor agreement, or any other action not already in the agreement, the law or rule's requirement will supersede the agreement's provisions.
Furthermore, if any provision of the agreement or any System Standard is deemed invalid, unenforceable, or unlawful under any applicable and binding law or rule, Cicis may modify the invalid or unenforceable provision or System Standard to the extent necessary to make it valid and enforceable. Alternatively, Cicis can delete the unlawful provision entirely. The franchisee agrees to be bound by any promise or covenant imposing the maximum duty the law permits, even if it's not explicitly stated in the agreement.
This clause ensures that the Cicis franchise agreement remains compliant with all relevant laws and regulations. It also protects Cicis's ability to adapt its System Standards to meet changing legal requirements. For a prospective franchisee, this means that certain aspects of the franchise agreement or System Standards could change during the term of the agreement due to legal or regulatory changes. It is important to stay informed of any such changes and how they might affect the operation of the franchise.