For Crisp & Green franchises sold in Wisconsin, what is the purpose of the Addendum to the Franchise Agreement?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
ADDENDUM TO THE CRISP & GREEN FRANCHISE AGREEMENT FOR THE STATE OF WISCONSIN
This Addendum pertains to franchises sold in the State of Wisconsin and is for the purpose of complying with Wisconsin statutes and regulations. This Addendum shall be of no force and effect unless the jurisdictional requirements of the Wisconsin laws applicable to franchises and any regulations thereunder are met independently without reference to this Addendum.
"For franchisees subject to the Wisconsin Fair Dealership Law, Ch. 135, Wisconsin Stats. 1981-82, provisions in the Fair Dealership Law supersede any inconsistent provisions of the Franchise Agreement, Area Development Agreement, or a related contract."
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- 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed with the franchise.
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- Each provision of this addendum shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Wisconsin Franchise Law or the Rules and Regulations promulgated thereunder are met independently without reference to this addendum to the Franchise Disclosure Document.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, the Addendum to the Franchise Agreement for the state of Wisconsin is included to ensure compliance with Wisconsin's statutes and regulations related to franchising. The addendum is only applicable if the franchisee is a resident of Wisconsin, the business will be located in Wisconsin, or if the offering or sales activity relating to the Area Development Agreement occurred in Wisconsin.
The Wisconsin Addendum modifies the original franchise agreement. The provisions outlined in the addendum will supersede any conflicting terms in the standard Crisp & Green Franchise Agreement. This ensures that the franchise operation adheres to Wisconsin state laws, which may differ from the standard agreement designed for national use.
Furthermore, the FDD states that the provisions of the Wisconsin Fair Dealership Law supersede any inconsistent provisions of the Franchise Agreement, Area Development Agreement, or a related contract if the franchisee is subject to this law. The addendum also ensures that franchisees cannot waive claims under Wisconsin franchise law or disclaim reliance on statements made by Crisp & Green. The addendum is only effective if the jurisdictional requirements of Wisconsin Franchise Law are met independently, without relying on the addendum itself.