What is the effective date for Cinch I.T. in Virginia, including any amendments?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
r, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
ADDENDUM TO CINCH FRANCHISE, LLC FRANCHISE DISCLOSURE DOCUMENT
REQUIRED BY THE STATE OF RHODE ISLAND
RHODE ISLAND LAW MODIFICATIONS
The following language is added to the end of the "Summary" sections of Item 17(v), entitled Choice of forum, and 17(w), entitled Choice of law:
Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that "A provision in a multi-unit development agreement or franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
ADDENDUM TO CINCH FRANCHISE, LLC FRANCHISE DISCLOSURE DOCUMENT
REQUIRED BY THE COMMONWEALTH OF VIRGINIA
- In recognition of the restrictions contained in Section 13.1-564 of the Virginia Retail Franchising Act, the Franchise Disclosure Document for Cinch Franchise, LLC for use in the Commonwealth of Virginia shall be amended as follows:
The following statements are added to Item 17.h under the subheading Franchise Agreement of the Virginia Disclosure Document:
"Under Section 13.1.564 of the Virginia Franchising Act, it is unlawful for a franchisor to cancel a franchise agreement without reasonable cause. If any ground for default or termination stated in the franchise agreement does not constitute "reasonable cause" as that term may be defined in the Virginia Retail Franchising Act or laws of Virginia, that provision may not be enforceable.
- In recognition of the restrictions contained in Section 13.1-564 of the Virginia Retail Franchising Act, the Franchise Disclosure Document for Cinch Franchise, LLC for use in the Commonwealth of Virginia shall be amended as follows:
The following statements are added to Item 17.h under the subheading Area Development Agreement of the Virginia Disclosure Document:
"Pursuant to Section 13.1.564 of the Virginia Franchising Act, it is unlawful for a franchisor to cancel a franchise agreement without reasonable cause.
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to the 2024 Cinch I.T. Franchise Disclosure Document, there is an addendum required by the Commonwealth of Virginia that amends the franchise disclosure document for use in Virginia. This addendum addresses specific restrictions within Section 13.1-564 of the Virginia Retail Franchising Act.
The addendum modifies Item 17.h of both the Franchise Agreement and the Area Development Agreement sections of the Virginia Disclosure Document. It adds statements clarifying that it is unlawful for Cinch I.T. to cancel a franchise agreement without reasonable cause, as defined by the Virginia Retail Franchising Act. If any grounds for default or termination stated in the franchise agreement do not constitute "reasonable cause" under Virginia law, that provision may not be enforceable.
Furthermore, the addendum states that no agreement signed by a franchisee can waive claims under Virginia franchise law, including claims of fraud, or disclaim reliance on statements made by Cinch I.T. or its representatives. This provision supersedes any conflicting terms in any document related to the franchise agreement, ensuring that franchisees retain their rights under Virginia law.