Under what conditions do the Illinois-specific provisions apply to the Cream franchise agreement?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provisions are annexed to and form part of this Agreement if and only if, and in such case to the extent that: (a) you are domiciled in the State of Illinois or (b) the offer of the franchise is made or accepted in the State of Illinois and your franchised business is or will be operated in the State of Illinois.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, the Illinois-specific provisions included in the Cream franchise agreement apply under two specific conditions. First, these provisions are applicable if the franchisee is domiciled in the state of Illinois. This means that if the franchisee's primary residence or legal home is in Illinois, the Illinois-specific terms will be integrated into the franchise agreement.
Second, the Illinois provisions also apply if the offer of the Cream franchise was made or accepted within the state of Illinois, and the franchised business is either currently operating or will be operated in Illinois. This condition ensures that if the franchise transaction occurred in Illinois and the Cream outlet is located or will be located in Illinois, the state's franchise laws will govern the agreement.
These conditions ensure that franchisees who are either residents of Illinois or are conducting their Cream franchise business within the state receive the protections and are subject to the specific regulations outlined by Illinois franchise law. This is a fairly standard practice in franchising, as state-specific addenda are common to address the nuances of franchise law across different jurisdictions.