Does the New York amendment for City Publications address trade regulation?
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 a 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; this proviso intends that the nonwaiver provisions of General Business Law Sections 687(4) and 687(5) be satisfied.
The following language replaces the "Summary" section of Item 17(d), titled "Termination by franchisee": You may terminate the agreement on any grounds available by law.
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 does address trade regulation. Specifically, it states that all rights and causes of action arising from Article 33 of the General Business Law of the State of New York, including the nonwaiver provisions of General Business Law Sections 687(4) and 687(5), will remain in effect to the extent required by applicable law. This ensures that franchisees retain their legal protections under New York law.
This means that certain provisions in the standard franchise agreement that might conflict with New York's General Business Law are superseded by the state law. The amendment emphasizes that franchisees cannot waive their rights under these specific sections of New York law, which are designed to protect franchisees from unfair practices.
Additionally, the City Publications FDD states that a franchisee may terminate the agreement on any grounds available by law. This provides further protection to the franchisee, ensuring they are not limited by the franchise agreement in their ability to terminate the agreement if legal grounds for termination exist under New York law.