Under what conditions can the Creative World School agreement be amended?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
nt and all related agreements. .
5 Jurisdiction and Venue. Section 20.8 of the Agreement is amended by adding the following sentence:
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any p provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
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- Waiver of Jury Trial. Section 20.9 of the Agreement is deleted in its entirety.
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- Construction. Add the following sentence to Section 20.15 of the Agreement:
Any condition, stipulation, or provision contained in the Agreement purporting to waive compliance with any provision of the Illinois Act or any other Illinois law is void.
- Site Selection. Add the following sentence to Section 4.01 of the Agreement:
The Franchisor will not approve any Site for your franchised School that is less than 9,400 square feet.
Intending to be bound, you and we sign and deliver this Rider in 2 counterparts effective on the Agreement Date, regardless of the actual date of signature.
CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. YOU
ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. STATE OF MARYLAND
- The following is added to the disclosure document:
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
- Sections (c) and (m) of Item 17 are amended by adding the following language:
The general release required as a condition of renewal, sale, and/or assignment or transfer will not apply to any liability under the Maryland Franchise and Disclosure Law (the "Maryland Law").
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- Item 17 is amended by adding the following language after the table:
- (a) The provision of the Franchise Agreement that provides for termination upon bankruptcy of the franchisee may not be enforceable under federal bankruptcy law (11 U.S.C. Section 101, et seq.)
- (b) Any claims arising under the Maryland Law must be brought within 3 years after the grant of the franchise.
- (c) A franchisee may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
RIDER TO CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. FRANCHISE AGREEMENT FOR USE IN MARYLAND
This Rider is entered into this, 20 (the "Effective Date"), between CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC., a Florida corporation ("we," "us," "our" or "Franchisor"), with its principal business address at 25110 Bernwood Drive, Suite #104, Bonita Springs, Florida 34135, and , a whose principal business address is (referred to in this Rider as "you," "your" or "Franchisee") and amends the Franchise Agreement between the parties dated as of the Effective Date, (the "Agreement"). 1. Precedence and Defined Terms. This Rider is an integral part of, and is incorporated into, the Agreement. Nevertheless, this Rider supersedes any inconsistent or conflicting provisions of the Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Agreement. 2. Questionnaires and Acknowledgements. No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise. 3. Acknowledgments. Section 1.02 of the Agreement is deleted in its entirety. 3. General Release. The general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law. 4. Limitation of Claims.
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
According to the 2025 Creative World School Franchise Disclosure Document, the franchise agreement can be amended through addenda or riders, which are specific to certain states or situations. For example, there are addenda for Maryland, Illinois, New York, Virginia, and Minnesota that modify specific sections of the franchise agreement to comply with state laws or address specific issues. These addenda often supersede conflicting provisions in the original agreement.
In Illinois, the Rider to the Creative World School Franchise Agreement specifies that it supersedes any inconsistent or conflicting provisions of the original agreement. This rider also includes modifications to sections regarding termination, questionnaires, governing law, jurisdiction, waiver of jury trial, construction, and site selection, demonstrating that amendments can cover a wide range of topics. Similarly, the addendum for Maryland includes clauses that prevent franchisees from waiving claims under Maryland franchise law and modifies sections related to termination and releases.
For franchisees in Minnesota, the agreement is amended to comply with Minnesota law regarding termination notice, nonrenewal, and transfer consent. Additionally, any release signed as a condition of transfer will not apply to claims under the Minnesota Franchise Act. These state-specific riders and addenda ensure that the Creative World School franchise agreement complies with local regulations and protects the rights of franchisees within those states.
These amendments and riders are signed and delivered by both Creative World Schools Franchising Company, Inc. and the franchisee, indicating mutual agreement on the changes. This approach allows Creative World School to maintain a standardized franchise agreement while adapting to the specific legal requirements and business conditions of different states, providing a framework for necessary modifications as the franchise expands.