If the Cinnaholic addendum is inconsistent with the franchise agreement, which terms govern?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
This provision supersedes any other term of any document executed in connection with the franchise to the extent this Addendum is inconsistent with any terms or conditions of the Agreement or the Exhibits or Schedules thereto, the terms of this Addendum shall govern.
, 20 Each of the undersigned hereby acknowledges having read, understood, and executed this Addendum on CINNAHOLIC FRANCHISING, LLC If an Individual: Print Name: Print Name: By: Name: Title:#### WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, AND ALL RELATED AGREEMENTS
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the terms of the addendum govern if there are inconsistencies between the addendum and the franchise agreement. This applies specifically to addenda for franchisees in Illinois, Virginia, and generally as stated in the NASAA Statement of Policy.
For prospective Cinnaholic franchisees, this means that the addendum, which is specific to the franchisee's state, takes precedence over the standard franchise agreement in case of conflicting terms. This is particularly relevant because the addenda often address specific state laws and regulations, such as those related to franchise fees, disclosure requirements, and franchisee rights. For example, Illinois defers payment of initial franchise fees until Cinnaholic has met its initial obligations and the franchisee has commenced business.
This clause protects franchisees by ensuring that state-specific protections and requirements are upheld. It also prevents Cinnaholic from enforcing terms in the standard agreement that might violate state laws. Franchisees should carefully review the addendum applicable to their state and understand how it modifies the standard franchise agreement to ensure compliance and protect their rights. This is a common practice in franchising to accommodate varying state laws, but it places the onus on the franchisee to understand both the standard agreement and any addenda.