For Crave Cookies franchisees in Rhode Island, does the addendum affect the jurisdiction or venue restrictions outlined in Item 17(v) and (w) of the franchise agreement?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
tive Damages: The parties do not waive exemplary and punitive damages.
- (8) General Release: Franchisee and any Guarantor are not required to sign a general release upon renewal of the Agreement.
- (9) Limitation of Claims: Franchisee is not required to consent to a limitation of claims. The statute of limitations under North Dakota law applies.
- (10) Enforcement of Agreement: The prevailing party in any enforcement action is entitled to recover all costs and expenses including attorney's fees.
- 3. Effective Date. This Rider is effective as of the Effective Date.
CRAVE COOKIES FRANCHISING, LLC Agreed to by:
RHODE ISLAND RIDER TO FRANCHISE AND MULTI-UNIT DEVELOPMENT AGREEMENT
This Rider amends the Franchise (the "Agreement"), and Multi-Unit Development Agreement dated between Crave Cookies Franchising, LLC, a Utah limited liability company ("Crave ("Franchisee"). Cookies Franchising") and , a 1. Definitions. Capitalized terms used in the Agreement. but not defined in this Rider have the meanings given 2. Jurisdiction and Venue. Any venue to a forum outside the State of Rhode another state is void with respect to a claim Investment Act.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, there is a Rhode Island Rider to the Franchise and Multi-Unit Development Agreement that directly addresses jurisdiction and venue. Specifically, any provision in the franchise agreement that restricts jurisdiction or venue to a forum outside of Rhode Island, or requires the application of laws from a state other than Rhode Island, is void with respect to claims enforceable under the Rhode Island Franchise Investment Act. This amendment is designed to protect franchisees operating in Rhode Island.
This means that if a Crave Cookies franchisee in Rhode Island has a legal dispute covered by the Rhode Island Franchise Investment Act, they cannot be forced to litigate the issue in another state or under another state's laws, regardless of what the standard franchise agreement might say. The Rhode Island Rider takes precedence in such cases. This provision ensures that Rhode Island franchisees have the ability to resolve disputes within their own state and under their own state's legal framework, which may be more familiar and convenient for them.
For a prospective Crave Cookies franchisee in Rhode Island, this addendum offers a significant layer of protection. It prevents Crave Cookies from enforcing clauses in the standard franchise agreement that could force the franchisee to bear the additional costs and burdens of out-of-state litigation. This can be a crucial factor in assessing the overall risk and potential costs associated with investing in a Crave Cookies franchise in Rhode Island.