What Wisconsin law affects the franchise documents for Cinch I.T.?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchise Disclosure Document for CINCH FRANCHISE, LLC. for use in the State of Wisconsin shall be amended as follows:
THESE FRANCHISES HAVE BEEN REGISTERED UNDER THE WISCONSIN FRANCHISE INVESTMENT LAW. REGISTRATION DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY THE COMMISSIONER OF SECURITIES OF WISCONSIN OR A FINDING BY THE COMMISSIONER THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.
THIS DISCLOSURE DOCUMENT AND THE FRANCHISE AGREEMENTS ARE SUBJECT TO THE WISCONSIN FRANCHISE INVESTMENT LAW.
The Securities Commissioner of the State of Wisconsin requires that certain provisions contained in franchise documents be amended to be consistent with Wisconsin Fair Dealership Law, Wisconsin Statutes, Chapter 135 ("Fair Dealership Law"). To the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
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- Item 17, Renewal, Termination, Transfer and Dispute Resolution, shall be amended by the addition of the following paragraphs at the conclusion of the Item 17 disclosures:
- a. "To the extent that the provisions regarding renewal described in this section are inconsistent with the requirements of the Wisconsin Fair Dealership Law (which, among other things, grants You the right, in most circumstances, to 90 days prior written notice of termination and 60 days within which to remedy any claim deficiencies), the renewal provisions will be superseded by the requirements of the Wisconsin Fair Dealership Law and will have no force or effect."
- b. "To the extent that the provisions regarding termination described in this section are inconsistent with the requirements of the Wisconsin Fair Dealership Law (which, among other things, grants You the right, in most circumstances, to 90 days prior written notice to termination and 60 days within which to remedy any claim deficiencies), the termination provision will be superseded by the requirements of the Wisconsin Fair Dealership Law and will have no force or effect."
- c. "If the franchise agreement requires that it be governed by a state's law, other than the State of Wisconsin, to the extent that any provision of the franchise agreement conflicts with the Wisconsin Fair Dealership Law such provision shall be supersede by the law's requirement."
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to the 2024 Cinch I.T. Franchise Disclosure Document, the Wisconsin Fair Dealership Law, specifically Wisconsin Statutes, Chapter 135, affects the franchise documents for Cinch I.T. The FDD states that certain provisions within the franchise documents must be amended to align with this law.
Specifically, the Wisconsin Fair Dealership Law grants franchisees certain rights, including, in most circumstances, the right to a 90-day prior written notice of termination and 60 days within which to remedy any claimed deficiencies. To the extent that any provisions in the Cinch I.T. franchise agreement regarding renewal, termination, or choice of law are inconsistent with the Wisconsin Fair Dealership Law, those provisions are superseded by the requirements of the Wisconsin Fair Dealership Law and will have no force or effect.
This means that if a Cinch I.T. franchisee is operating in Wisconsin, the protections afforded to them under Wisconsin's Fair Dealership Law will take precedence over any conflicting terms in the standard Cinch I.T. franchise agreement. This ensures that Cinch I.T. franchisees in Wisconsin receive the full benefits and rights guaranteed by Wisconsin law, particularly concerning termination and renewal of their franchise agreements.