Does the Crisp & Green Illinois addendum prohibit any specific actions by the franchisee?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
- GOVERNING LAW. Section 18.08 of the Franchise Agreement is deleted and replaced with the following:
Illinois law shall govern this Agreement.
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- ILLINOIS FRANCHISE DISCLOSURE ACT. The following language is added as Section 18.21 of the Franchise Agreement:
- 18.21 Illinois Franchise Disclosure Act. Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Act or any other law of Illinois is void. Franchisee's rights upon termination and non-renewal of a franchise agreement are set forth in Section 19 and 20 of the Illinois Franchise Disclosure Act.
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- No statement, questionnaire, or acknowledgment 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 in connection with the franchise.
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 explicitly prohibit specific actions by the franchisee. However, it does include provisions that modify the franchise agreement to comply with Illinois law.
Specifically, the addendum states that any provision in the franchise agreement that designates jurisdiction or venue outside of Illinois is void. This means Crisp & Green franchisees in Illinois cannot be forced to litigate disputes in another state. Additionally, Illinois law governs the agreement, ensuring that the construction and interpretation of the Franchise Agreement and Area Development Agreement are subject to Illinois law.
Furthermore, the Illinois addendum includes a clause ensuring that franchisees cannot waive compliance with any provision of the Illinois Franchise Disclosure Act or any other Illinois law. It also protects the franchisee's rights upon termination and non-renewal as outlined in the Illinois Franchise Disclosure Act. This addendum ensures that the franchisee retains all rights conferred by Illinois law, preventing any waiver of these rights through the franchise agreement.