Does the Eos Worldwide Franchise
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
The following franchisees have not communicated with the franchisor within 10 weeks of the disclosure document issuance date:
None.
There are no other franchisees who have had their franchise terminated, cancelled, not renewed or otherwise voluntarily or involuntarily ceased to do business under a Franchise Agreement during the most recently completed fiscal year, or who have not communicated with us within 10 weeks of the Issuance Date.
EXHIBIT H TO THE DISCLOSURE DOCUMENT
Franchisee Disclosure Acknowledgment Statement
As you know, EOS Worldwide Franchising, LLC (the "Franchisor", "we", us", or "our") and you are preparing to enter into an EOS Worldwide Franchise Agreement (the "Franchise Agreement") for the establishment and operation of an EOS Worldwide franchised Business (the "Franchised Business"). The purpose of this Franchisee Disclosure Acknowledgment Statement (this "Questionnaire") is to for us to confirm certain factual information related to the offer and sale of the EOS Worldwide franchised business to you.
In the event that you are intending to purchase an existing Franchised Business from an existing franchisee, you may have received information from the transferring franchisee, who is not an employee or representative of the Franchisor. The questions below do not apply to any communications that you had with the transferring Franchisee.
Further, to the extent you spoke with other franchisees about their experiences with us and the EOS franchise system, those franchisees are not our employees or representatives and are not authorized to speak on our behalf. Information any such franchisee may have shared is based on their views and experiences alone, and should not be attributed to the Franchisor or its employees or representatives in any way.
Please review each of the following questions and statements carefully and provide honest and complete responses to each.
[Item 22: CONTRACTS]
In recognition of the requirements of the Idaho Code, Title 29, Chapter 1, Section 29-110 (Limitations on Right to Sue – Franchise Agreement), the Franchise Agreement for EOS Worldwide Franchising, LLC is amended as follows:
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- Jurisdiction and Venue. Notwithstanding any provision in the Franchise Agreement to the contrary, in the event Franchisee is a business entity organized under the laws of the state of Idaho or is an individual resident of Idaho, jurisdiction and venue for court litigations shall be in Idaho, and any provision in the Franchise Agreement that designates jurisdiction or venue in a forum outside the State of Idaho is void.
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- Limitations of Claims. Notwithstanding any provision in the Franchise Agreement to the contrary, in the event Franchisee is an individual resident of Idaho, any provision in the Franchise Agreement which limits the time frame in which either party may enforce its rights is void.
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- No Limitations on Rights. Notwithstanding any provision in the Franchise Agreement to the contrary, in the event Franchisee is an individual resident of Idaho, any provision in the Franchise Agreement which restricts either party from enforcing its rights under this Agreement by the usual proceedings in ordinary tribunals is void.
In all other respects, the Franchise Agreement will be construed and enforced with its terms.
FOR THE STATE OF ILLINOIS
In recognition of the requirements of the Illinois Franchise Disclosure Act, the Franchise Agreement for EOS Worldwide Franchising, LLC is amended as follows:
General Release.
No general release shall be required as a condition of renewal, transfer or termination that is intended to require Franchisee to waive compliance with the Illinois Franchise Disclosure Act, 815 ILCS 705.
Governing Law.
Section 20.1 of the Franchise Agreement is amended to provide that any provision that designates governing law to be other than Illinois is void under the Illinois Franchise Disclosure Act of 1987.
Jurisdiction and Venue.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in the Franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void.
However, the Franchise Agreement may provide for arbitration or mediation to take place outside of Illinois.
Termination and Non-Renewal.
[Item 22: CONTRACTS]
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.
Source: Item 22 — CONTRACTS (FDD page 74)
What This Means (2025 FDD)
According to the 2025 Eos Worldwide Franchise Disclosure Document, several exhibits and statements address the franchise agreement and franchisee rights, particularly concerning legal jurisdictions and limitations. Specifically, Exhibit H is a Franchisee Disclosure Acknowledgment Statement, which confirms factual information related to the sale of the Eos Worldwide franchised business. This statement clarifies that any information received from transferring franchisees or other franchisees is not attributable to Eos Worldwide itself.
The FDD includes amendments to the franchise agreement that address specific state laws. For franchisees in Idaho, the agreement is amended to ensure jurisdiction and venue for court litigations are in Idaho if the franchisee is an Idaho business or resident. It also voids any limitations on claim timeframes or restrictions on enforcing rights through ordinary tribunals for individual Idaho residents. Similarly, for Illinois franchisees, the agreement is amended to comply with the Illinois Franchise Disclosure Act, voiding any provisions that require a general release, designate governing law outside Illinois, or set jurisdiction and venue outside Illinois.
For franchisees in Puerto Rico, the Eos Worldwide franchise agreement is amended to comply with the Puerto Rico Dealers Act (Law 75). This ensures that terminations or non-renewals must have just cause as defined by Law 75, and it voids restrictions on jurisdiction, venue, or the application of other states' laws that conflict with Law 75. Additionally, limitations on claim periods or waivers of rights available under Law 75 may not be enforceable. These amendments ensure that the Eos Worldwide franchise agreement respects the legal rights and protections afforded to franchisees under various state and territorial laws.