To which sections of the Crisp & Green Franchise Agreement does this addendum add information?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
This Addendum pertains to franchises sold in the State of New York and is for the purpose of complying with New York statutes and regulations. This Addendum shall be of no force and effect unless the jurisdictional requirements of the New York laws applicable to franchises and any regulations thereunder are met independently without reference to this Addendum.
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- 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.
- TERMINATION OF AGREEMENT – BY FRANCHISEE. The following language is added as Section 14.01 of the Franchise Agreement:
Franchisee also may terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.
- INJUNCTIVE RELIEF. The following sentence is added to the end of Section 18.04:
Franchisor's right to obtain injunctive relief exists only after proper proofs are made and the appropriate authority has granted such relief.
- FORUM FOR LITIGATION. The following statement is added at the end of Section 18.07 of the Franchise Agreement:
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 New York franchises modifies specific sections of the Franchise Agreement. Specifically, it adds language to Section 18.15 regarding releases, adds language to Section 14.01 concerning termination of the agreement by the franchisee, adds a sentence to the end of Section 18.04 regarding injunctive relief, and adds a statement to the end of Section 18.07 concerning the forum for litigation.
These modifications are intended to ensure compliance with New York statutes and regulations, particularly Article 33 of the General Business Law of the State of New York. The addendum clarifies the franchisee's rights and protections under New York law, including the right to terminate the agreement under certain conditions and the ability to bring lawsuits in New York for claims arising under the Maryland Franchise Registration and Disclosure Law.
For prospective Crisp & Green franchisees in New York, this addendum provides additional legal safeguards and ensures that their rights under New York franchise law are protected. It is important for franchisees to understand these modifications and how they may impact their franchise agreement. The addendum also highlights the importance of consulting with legal counsel to fully understand their rights and obligations under the franchise agreement and applicable state laws.