According to Cinnaholic, what specific items in Item 17 are being amended?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
The following is added to the end of the "Summary" sections of Item 17(c), titled "Requirements for franchisee to renew or extend," and Item 17(m), entitled "Conditions for franchisor approval of transfer":
However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.
- The following language replaces the "Summary" section of Item 17(d), titled "Termination by franchisee":
You may terminate the agreement on any grounds available by law
- The following is added to the end of the "Summary" sections of Item 17(v), titled "Choice of forum", and Item 17(w), titled "Choice of law":
The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 27–35)
What This Means (2025 FDD)
According to the 2025 Cinnaholic Franchise Disclosure Document, Item 11 provides information on amendments to Item 17 of the FDD. Specifically, the "Summary" sections of Item 17(c), titled "Requirements for franchisee to renew or extend," and Item 17(m), entitled "Conditions for franchisor approval of transfer," are being amended with additional language to ensure that franchisees' rights and causes of action under Article 33 of the General Business Law of the State of New York are not waived. This addition emphasizes compliance with the non-waiver provisions of General Business Law Sections 687.4 and 687.5.
Furthermore, the "Summary" section of Item 17(d), titled "Termination by franchisee," is being replaced entirely. The new language states simply that franchisees may terminate the agreement on any grounds available by law. This change likely aims to provide franchisees with broader termination rights as permitted by applicable laws.
Finally, the "Summary" sections of Item 17(v), titled "Choice of forum," and Item 17(w), titled "Choice of law," are being amended. The added language clarifies that the choice of law should not be considered a waiver of any right conferred upon the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York. This amendment reinforces the protection of rights under New York law, regardless of the chosen forum or governing law.