Does the Crisp & Green Illinois addendum modify the definition of any terms used in the Franchise Agreement?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
This Addendum is annexed to and forms part of the Agreement, and the defined terms set forth in the Agreement are used in this Addendum with the same meanings ascribed to them in the body of the Agreement.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, the Illinois addendum does not specifically modify the definition of any terms used in the Franchise Agreement. Instead, the addendum states that defined terms set forth in the Agreement are used in the addendum with the same meanings ascribed to them in the body of the Agreement. However, the addendum does include amendments to the agreement.
Specifically, the Illinois addendum addresses the forum for litigation, stating that any provision in the franchise agreement which designates jurisdiction or venue in a forum outside of Illinois is void, as per Section 4 of the Illinois Franchise Disclosure Act. Additionally, the addendum replaces Section 18.08 of the Franchise Agreement, stipulating that Illinois law shall govern the agreement.
Furthermore, the addendum includes Section 18.21 to the Franchise Agreement, referencing Section 41 of the Illinois Franchise Disclosure Act, which voids any condition that binds a person to waive compliance with the Act or any other Illinois law. It also mentions that franchisee's rights upon termination and non-renewal are detailed in Sections 19 and 20 of the Illinois Franchise Disclosure Act. Finally, the addendum ensures that no statement or acknowledgment signed by the franchisee can waive claims under Illinois franchise law or disclaim reliance on statements made by the franchisor.