For Cinnaholic franchises operating in Illinois, can the franchise agreement provide for arbitration to take place outside of Illinois?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
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- In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However a franchise agreement may provide for arbitration to take place outside of Illinois.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 42–50)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the franchise agreement for Cinnaholic franchises operating in Illinois can stipulate that arbitration may occur outside of the state. This is explicitly allowed, even though Illinois law dictates that any provision designating jurisdiction and venue in a forum outside of Illinois is generally void.
This allowance for out-of-state arbitration is significant for prospective Cinnaholic franchisees in Illinois. While they are protected by Illinois law regarding jurisdiction and venue, they may still be required to participate in arbitration proceedings outside of Illinois if the franchise agreement specifies it. This could potentially increase costs and logistical challenges for the franchisee in case of a dispute, as they would need to travel and potentially hire legal representation in another state.
It is important for potential Cinnaholic franchisees to carefully review the franchise agreement and any addenda related to Illinois law to fully understand their rights and obligations regarding dispute resolution. They should also consider the potential costs and inconveniences associated with out-of-state arbitration when making their investment decision. Consulting with a legal professional experienced in franchise law is advisable to navigate these complexities.