What section of the Crisp & Green Franchise Agreement does the Addendum modify regarding releases?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
- RELEASES. The following language is added to the end of Section 18.15 of the Franchise Agreement:
Notwithstanding the foregoing all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force to the extent required by the non-waiver provisions of GBL Sections 687.4 and 687.5, as amended.
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, the Addendum for the state of New York modifies Section 18.15 of the Franchise Agreement concerning releases. Specifically, the addendum adds language to the end of Section 18.15, ensuring that the franchisee retains all rights and causes of action under Article 33 of the General Business Law of the State of New York, as required by the non-waiver provisions of GBL Sections 687.4 and 687.5. This modification ensures compliance with New York state law regarding franchise rights.
This means that while the standard franchise agreement may contain general release provisions, the New York Addendum carves out an exception to protect the franchisee's rights under New York's General Business Law. This is particularly important for prospective franchisees in New York, as it prevents them from inadvertently waiving their legal rights under state franchise law when signing the franchise agreement. The addendum ensures that franchisees retain their ability to pursue claims arising from the mentioned sections of New York law, despite any general release clauses in the agreement.
For a Crisp & Green franchisee in New York, this modification provides an added layer of protection. It ensures that the franchisee's rights under New York franchise law are preserved, regardless of any standard release language in the franchise agreement. This is a beneficial provision for franchisees, as it maintains their legal recourse options under New York law, offering a safeguard against potential overreaching by the franchisor. This type of addendum is common in franchise agreements to comply with specific state laws that provide additional protections to franchisees.