factual

Does the Crisp & Green Illinois addendum specify any financial thresholds related to the franchise?

Crisp_Green Franchise · 2024 FDD

Answer from 2024 FDD Document

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EXHIBIT B STATE-SPECIFIC ADDENDA

ADDENDUM TO THE CRISP & GREEN AREA DEVELOPMENT AGREEMENT FOR THE STATE OF ILLINOIS

Notwithstanding anything to the contrary set forth in the Crisp & Green Franchising LLC Area Development Agreement, the following provisions shall supersede any inconsistent provisions and apply to all Crisp & Green franchises offered and sold in the state of Illinois:

This Illinois Addendum is only applicable if the developer is domiciled in Illinois or if the offer of the franchise is made or accepted in Illinois and the franchise business is or will be located in Illinois.

    1. Notwithstanding the fact that the Area Development Agreement requires that the Agreement be governed by the laws of the State of Minnesota, to the extent required by Rule 200.608 of the Illinois Franchise Disclosure Laws, the Agreement shall be governed and construed in accordance with the laws of the State of Illinois.
    1. The other conditions under which your franchise can be terminated and your rights of nonrenewal may be affected by Illinois Law, 815 Illinois Compiled Statutes 705/19 and 705/20.
    1. Section 4 of the Illinois Franchise Disclosure Act states that "Any provision of a franchise agreement which designates jurisdiction or venue in a forum outside of this state (Illinois) is void with respect to any cause of action which otherwise is enforceable in this State, provided that a franchise agreement may provide for arbitration in a forum outside of this State."
    1. Any condition, stipulation or provision purporting to bind any person acquiring a franchise to waive requirements with any provisions of the Illinois Franchise Disclosure Act or any other law of the State of Illinois is void. This shall not prevent any person from entering into a settlement agreement or executing a general release regarding a potential or actual lawsuit filed under the provisions of the Illinois Franchise Disclosure Act, nor shall it prevent the arbitration of any claims pursuant to the provisions of Title IX of the United States Code.
    1. Section 5 of the Area Development Agreement shall be modified by the addition of the following sentence at the end of such section.
    • "To the extent required by Illinois law, the Franchisor shall provide reasonable notice to the Developer with the opportunity to cure any defaults under this Section 5, to the extent required by Illinois law, which in no event shall be less than ten (10) days, and in no event shall such notice be required to be greater than thirty (30) days."
    1. 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.

  1. Each provision of this Addendum shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently without reference to this Addendum.

Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to be bound by all of its terms.

| CRISP & GREEN FRANCHISING LLC, a Minnesota limited liability company | | |----------------------------------------------------------------------------|--------------------------------------------------------------------| | | (Name of corporation, limited liability company or partnership) | | By: | By: | | Print Name: | Print Name: | | Title: | Title: |

ADDENDUM TO THE CRISP & GREEN AREA DEVELOPMENT AGREEMENT FOR THE STATE OF MARYLAND

Notwithstanding anything to the contrary set forth in the Crisp & Green Franchising LLC Area Development Agreement, the following provisions shall supersede and apply to all Crisp & Green franchises sold to residents in the state of Maryland:

    1. Section 5 of the Area Development Agreement is revised to provide that termination upon bankruptcy might not be enforceable under the U.S. Bankruptcy Act, but Franchisor intends to enforce it to the extent enforceable.

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 specify any financial thresholds related to the franchise. However, the addendum includes provisions related to compliance with the Illinois Franchise Disclosure Act, governing law, and forum for litigation. These stipulations primarily address legal aspects of the franchise agreement within Illinois.

The Illinois addendum states that any provision in the franchise agreement that designates jurisdiction or venue outside of Illinois is void, as per Section 4 of the Illinois Franchise Disclosure Act. It also specifies that Illinois law governs the agreement, overriding any conflicting terms in the standard franchise agreement.

Furthermore, the addendum ensures that franchisees cannot waive any claims under Illinois franchise law or disclaim reliance on statements made by Crisp & Green. This protection is crucial for franchisees as it safeguards their rights and ensures they are not bound by unfair terms that might compromise their legal standing within the state. These clauses collectively aim to protect the franchisee's rights and ensure compliance with Illinois state laws.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.