For City Publications franchises in Wisconsin, to what extent is the amendment effective regarding the Wisconsin Fair Dealership Law?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
This Amendment to the Franchise Agreement is agreed to this day of, 20, between CITY PUBLICATIONS FRANCHISE GROUP, INC. and to amend and revise said Franchise Agreement as follows: 1. The Wisconsin Fair Dealership Law Title XIV-A Ch. 135, Sec. 135.01-135.07 will supersede any conflicting terms of the Franchise Agreement. 2. This provision of this Amendment shall be effective only to the extent that the jurisdictional requirements of the Wisconsin Fair Dealership Law applicable to the provisions are met independent of this Amendment. To the extent this addendum shall be deemed to be inconsistent with any terms or conditions of said Franchise Agreement or exhibits or attachments thereto, the terms of this addendum shall govern.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to the 2025 City Publications Franchise Disclosure Document, an amendment addresses the Wisconsin Fair Dealership Law for franchises operating in Wisconsin. The amendment states that the Wisconsin Fair Dealership Law (Title XIV-A Ch. 135, Sec. 135.01-135.07) will supersede any conflicting terms within the Franchise Agreement. This means that if any part of the standard City Publications franchise agreement clashes with the Wisconsin Fair Dealership Law, the state law will take precedence. This is designed to protect franchisees in Wisconsin, ensuring they receive the rights and protections afforded to them under state law.
However, the effectiveness of this amendment is conditional. It is only effective to the extent that the jurisdictional requirements of the Wisconsin Fair Dealership Law are met independently of the amendment itself. In simpler terms, the protections offered by the Wisconsin Fair Dealership Law apply only if the franchisee meets the criteria established by that law, regardless of what the amendment says. This could include factors like the amount of business conducted in Wisconsin or the nature of the relationship between City Publications and the franchisee.
To ensure compliance and clarity, the amendment specifies that if any terms of the addendum are inconsistent with the Franchise Agreement, the terms of the addendum will govern. This aims to provide a clear hierarchy, ensuring that the amendment, which incorporates the protections of the Wisconsin Fair Dealership Law, takes precedence over conflicting terms in the original agreement. Prospective City Publications franchisees in Wisconsin should carefully review both the Franchise Agreement and this amendment with legal counsel to fully understand their rights and obligations under both documents and the Wisconsin Fair Dealership Law.