What law generally applies to Cool Binz franchise agreements, and what is the exception for franchisees operating in Indiana?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
However, to the extent required by applicable law, no assignment will be made except to an assignee who, in our good faith judgment, is willing and able to assume our obligations under this Agreement.
- DISPUTE RESOLUTION PROCEDURES/CHOICE OF LAW. Sections 15.F. and 15.H. of the Franchise Agreement are amended by adding the following language:
HOWEVER, THE GOVERNING CHOICE OF LAW SHALL NOT BE CONSIDERED A WAIVER OF ANY RIGHT CONFERRED UPON FRANCHISEE BY THE PROVISIONS OF ARTICLE 33 OF THE GENERAL BUSINESS LAW OF THE STATE OF NEW YORK.
- BINDING EFFECT. Section 15.J. of the Franchise Agreement is amended by adding the following language:
Modifications to the Operations Manual will not unreasonably affect Franchisee's obligations, including economic requirements, under this Agreement.
In all other respects, the terms and conditions contained in your Franchise Agreement, and any previous Addendums to your Franchise Agreement, remain in effect.
COOL BINZ INTERNATIONAL, LLC
ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN NORTH DAKOTA
This is a Rider to the Franchise Agreement which is being executed concurrently with this Rider, between Franchisor and Franchisee.
Notwithstanding anything to the contrary in the Franchise Agreement, in the event of a conflict between the terms of this Rider and the terms of the Franchise Agreement, the terms of this Rider shall control and supersede the Franchise Agreement. Any terms not defined herein shall have the same meanings as in the Franchise Agreement and any references to sections and paragraphs refer to the sections and paragraphs of the Franchise Agreement unless stated otherwise.
1. BACKGROUND.
We and you are parties to that certain Franchise Agreement that has been signed concurrently with the signing of this Rider (the "Franchise Agreement"). This Rider is annexed to and forms part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the COOL BINZ Business that you will operate under the Franchise Agreement was made in the State of North Dakota, and/or (b) you are a resident of North Dakota and your Business will be located or operated in North Dakota.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
Based on the 2025 Cool Binz Franchise Disclosure Document, the franchise agreement includes addenda that specify governing laws for franchisees in certain states. For instance, New York franchisees have specific rights and protections under Article 33 of the General Business Law of the State of New York, which cannot be waived. Similarly, Minnesota franchisees are governed by the Minnesota Franchises Law, Minn. Stat. 80C.01 through 80C.22, and related regulations. These laws address aspects like trademark protection, termination notice, and jury trial waivers.
For franchisees in North Dakota, the addendum clarifies that in case of conflicts between the rider and the franchise agreement, the rider's terms will take precedence. This ensures that specific state laws are upheld. The FDD does not specify which law generally applies to Cool Binz franchise agreements.
However, the provided excerpts from the 2025 FDD do not contain information about which law generally applies to Cool Binz franchise agreements, nor do they mention any exceptions for franchisees operating in Indiana. A prospective franchisee should ask Cool Binz directly about the general governing law and whether Indiana franchisees have any specific exceptions or addenda to the standard franchise agreement.