For Cinnaholic franchises, under what condition will each provision of the New York Addendum be effective?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Each provision of this Addendum will be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the General Business Law of the State of New York are met independently without reference to this Addendum.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to the 2025 Cinnaholic Franchise Disclosure Document, the New York Addendum contains specific conditions regarding its effectiveness. Each provision within the New York Addendum will only be effective to the extent that the jurisdictional requirements of New York's General Business Law are independently met, without relying on the Addendum itself. This means that for any part of the addendum to apply, the situation must already fall under the legal purview of New York State's General Business Law.
This condition ensures that the addendum's provisions are only triggered when there is a clear legal basis under New York law. It prevents the addendum from expanding the scope of the law beyond what is already established. For a Cinnaholic franchisee, this means carefully assessing whether their specific circumstances meet the independent requirements of New York's General Business Law before assuming that a particular provision of the addendum will apply.
In practical terms, a Cinnaholic franchisee operating in New York needs to be aware of the General Business Law of New York and how it relates to their franchise agreement. If a dispute arises, the franchisee cannot simply point to the addendum; they must also demonstrate that the underlying issue is already covered by New York law. This adds a layer of complexity, requiring franchisees to have a solid understanding of both the franchise agreement and the relevant state laws to ensure their rights are protected.