Does the New York amendment for City Publications address civil actions?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
The following is added to the end of the "Summary" sections of Item 17(c), titled "Requirements for franchisee to renew or extend," and Item 17(m), entitled "Conditions for franchisor approval of transfer": However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687(4) and 687(5) be satisfied.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, the New York amendment addresses franchisee rights and causes of action under New York law. Specifically, it ensures that franchisees retain all rights and causes of action arising from Article 33 of the General Business Law of the State of New York and its regulations.
This means that certain non-waiver provisions under General Business Law Sections 687(4) and 687(5) remain in effect, protecting the franchisee's ability to pursue legal claims related to the franchise agreement. This is particularly relevant in the context of renewal or transfer of the franchise, as it prevents franchisees from being forced to waive their rights under New York law.
For a prospective City Publications franchisee in New York, this amendment provides an added layer of protection by preserving their legal rights and remedies under New York franchise law. It ensures that franchisees cannot be compelled to forfeit these rights, offering recourse in case of disputes or violations of the franchise agreement. Franchisees should consult with legal counsel to fully understand the implications of Article 33 of the General Business Law and how it applies to their specific situation.