In the event of conflicting laws, which law prevails for Eos Worldwide?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
THE STATE OF WISCONSIN**
The Wisconsin Fair Dealership Law Title XIV-A Ch. 135, Sec. 135.01-135.07 shall supersede any conflicting terms of the Franchise Agreement for EOS Worldwide Franchising, LLC.
In all other respects, the Franchise Agreement will be construed and enforced with its terms.
FOR THE TERRITORY OF PUERTO RICO
In recognition of the requirements of the Puerto Rico Dealers Act known as Law 75, the Franchise Agreement for EOS Worldwide Franchising, LLC is amended as follows:
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- Termination and Non-Renewal. Law 75 makes it unlawful for a franchisor to cancel or not renew a franchise without just cause. If any grounds for default, termination or non- renewal stated in the Franchise Agreement does not constitute "just cause," as that term may be defined by Law 75 or the laws of Puerto Rico, that provision may not be enforceable.
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- Jurisdiction and Venue. The Franchise Agreement is amended to state that restricting jurisdiction or venue to a forum outside the territory of Puerto Rico or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under Law 75. In the event of a conflict of laws, the provisions of Law 75 shall prevail.
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- Limitations of Claims. Provisions such as those that unreasonably restrict or limit the statute of limitations period for claims under Law 75, or which unreasonably restrict other rights or remedies available to a franchisee under Law 75, such as a waiver of the right to a jury trial may not be enforceable.
In all other respects, the Franchise Agreement will be construed and enforced with its terms.
Exhibit C
Form of Joinder to Franchise Agreement
Form of Joinder to Franchise Agreement
THIS JOINDER TO FRANCHISE AGREEMENT (this "Joinder") is delivered in connection with that certain EOS Worldwide Franchise Agreement (the "Agreement"), by and between EOS Worldwide Franchising, LLC, a Delaware limited liability company ("Franchisor") and the undersigned Franchisee. Capitalized terms not defined in this Joinder shall have the meaning given to those terms in the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 74)
What This Means (2025 FDD)
According to the 2025 FDD, the Franchise Agreement for Eos Worldwide is subject to specific state laws that may supersede certain provisions of the standard agreement. For franchisees in Puerto Rico, in the event of a conflict of laws, the provisions of Law 75 will prevail. For franchisees in Indiana, the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Law will prevail in the event of a conflict of law. For franchisees in Maryland, the laws of the State of Maryland shall prevail to the extent required by the Maryland Franchise Registration and Disclosure Law in the event of a conflict of laws. For franchisees in Hawaii, if the Franchise Agreement contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law shall control.
These stipulations mean that Eos Worldwide franchisees operating in these states will have their franchise agreements interpreted and enforced in accordance with local laws, even if those laws differ from the standard terms outlined in the franchise agreement. This can provide additional protections and rights to franchisees, particularly in areas such as termination, renewal, and dispute resolution.
Prospective franchisees should carefully review the specific amendments applicable to their state of operation and understand how these local laws may impact their rights and obligations under the franchise agreement. It is advisable to seek legal counsel to fully comprehend the implications of these state-specific provisions and how they interact with the standard terms of the Eos Worldwide Franchise Agreement. This ensures that franchisees are aware of their legal standing and can make informed decisions regarding their investment.