For Circle K franchises, what is the relationship between the Franchise Agreement and the Rider to the State Addendum?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
West Warner Road, Tempe, Arizona 85284 ("Franchisor") and address of("Franchisee"). This Rider to the State Addendum to the Franchise Disclosure Document and Franchise Agreement is entered into by and between TMC Franchise Corporation, an Arizona corporation with an address of 1130 , with an A. Agreement occurred in the Applicable Franchise Registration State. This Rider is being signed because (i) the franchised business that Franchisee will operate under the Agreement will be located in one of the states listed in the heading of this Rider (the "Applicable Franchise Registration State"); and/or (ii) any of the franchise offering or sales activity with respect to the B. Franchisor and Franchisee have contemporaneously herewith entered into a Franchise Agreement (the "Agreement") and wish to amend the Agreement as provided herein. sufficiency of which are hereby acknowledged, the Agreement is hereby amended as follows: NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt and 1. The following language is hereby added to the end of the Agreement: provision supersedes any other term of any document executed in connection with the franchise." "No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This 2. Except as provided in this Rider, the Agreement remains in full force and effect in accordance with its terms. This Rider shall be effective only to the extent that the jurisdictional without reference to this Rider. requirements of the franchise law of the Applicable Franchise Registration State are met independently
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the Rider to the State Addendum modifies the Franchise Agreement for franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. The Rider is signed because the franchised business will operate in one of these states or franchise offering or sales activity occurred in the Applicable Franchise Registration State. The Rider amends the Franchise Agreement as provided within the rider itself.
The Rider includes a provision that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Circle K or its representatives. Except as provided in the Rider, the Franchise Agreement remains in full effect according to its original terms. The Rider is effective only to the extent that the jurisdictional requirements of the franchise law of the Applicable Franchise Registration State are met independently without reference to the Rider.
For franchisees in Rhode Island, the addendum specifically amends the governing law provision (Article 20.5) of the Franchise Agreement, substituting it to clarify that the agreement is governed by Arizona law except for matters under the U.S. Trademark Act, the Federal Arbitration Act, or the Rhode Island Franchise Investment Act. For franchisees in Washington, the Washington Franchise Investment Protection Act may supersede the franchise agreement, especially regarding termination and renewal rights. Similarly, court decisions may also supersede the franchise agreement in these areas.