factual

Does the Expense Reduction Analysts FDD include any State-specific modifications to the standard agreement?

Expense_Reduction_Analysts Franchise · 2025 FDD

Answer from 2025 FDD Document

EXHIBIT E STATE ADDENDA

ADDENDUM TO EXPENSE REDUCTION ANALYSTS, INC. REGIONAL FRANCHISE DISCLOSURE DOCUMENT AND FRANCHISE AGREEMENT FOR THE STATE OF CALIFORNIA

The following applies to franchises and franchisees subject to California statutes and regulations. The Item number corresponds to those in the main body.

Neither the franchisor, nor any person or franchise broker identified in Item 2 of this Disclosure Document is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, 15 U.S.C.A. 78a et seq., suspending or expelling the person from membership in the association or exchange.

The registration of this franchise offering by the California Department of Financial Protection and Innovation does not constitute approval, recommendation, or endorsement by the commissioner.

California Business and Professions Code §§ 20034 through 20043 provide rights to the franchisee concerning termination, transfer or non-renewal of a franchise. If the Franchise Agreement contains a provision that is inconsistent with the law, the law will control.

The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq.).

The Franchise Agreement contains a covenant not to compete that continues after the termination of the franchise. This provision may not be enforceable under California law.

Under both the California Franchise Relations Act and the Franchise Investment Law, a provision in a Franchise Agreement that requires you to waive your rights under either or both of these laws is void. Any release of claims that the franchisor asks you to sign will specifically exclude claims under these franchise laws.


ADDENDUM TO EXPENSE REDUCTION ANALYSTS, INC. REGIONAL FRANCHISE DISCLOSURE DOCUMENT AND FRANCHISE AGREEMENT FOR THE STATE OF MINNESOTA

The following applies to franchises and franchisees subject to Minnesota statutes and regulations. The Item number corresponds to those in the main body of the Disclosure Document.

The Franchise Agreement requires litigation for disputes not settled by negotiation or mediation. The litigation will occur in a state other than Minnesota, with costs being borne equally by both parties. Under Minnesota Statutes § 80C.21 and Minnesota Rule Part 2860.4400J, this provision may not in any way invalidate or reduce any of the franchise owner's rights that are listed in Chapter 80C of the Minnesota Statutes.

The Franchise Agreement requires application of the laws of a state other than Minnesota. Under Minnesota Statutes § 80C.21 and Minnesota Rule Part 2860.4400J, this Section may not in any way invalidate or reduce any of the franchise owner's rights that are listed in Chapter 80C of the Minnesota Statutes.

Minn. Stat. Section 80C.21 and Minn. Rule 2860.4400J prohibit us from requiring litigation to be conducted outside of Minnesota requiring waiver of a jury trial, or requiring the franchisee to consent to liquated damages, termination penalties or judgment notes. In addition, nothing in the Disclosure Document or agreements can abrogate or reduce any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.

With respect to franchises governed by Minnesota law, the franchisor will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4, and 5 which require, except in certain specified cases, that a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice of non-renewal of the Franchise Agreement and that consent to the transfer of the franchise will not be unreasonably withheld.


ADDENDUM TO EXPENSE REDUCTION ANALYSTS, INC. REGIONAL FRANCHISE DISCLOSURE DOCUMENT AND FRANCHISE AGREEMENT FOR THE STATE OF NORTH DAKOTA

In North Dakota, the Disclosure Document is amended as follows to conform to North Dakota law:

Item 17 (c) is revised to omit any requirement that a general release be signed as a condition of renewal.

Item 17 (r) is amended to add the following: "To the extent that covenants not to compete apply to periods after the term of the franchise, contrary to Section 9-08-06, N.D.C.C, they are generally considered unenforceable in the State of North Dakota."

Item 17 (u) of the Disclosure Document and Section 28.2 of the Franchise Agreement are amended to state that the site of any mediation or arbitration is agreeable to all parties.

Item 17 (v) (choice of forum) of the Disclosure Document and Section 33.4(1) of the Franchise Agreement are amended to add the following: "Any provision in the Franchise Agreement which designates jurisdiction or venue or requires the franchisee to agree to jurisdiction or venue in a forum outside of North Dakota is void with respect to any cause of action which is otherwise enforceable in North Dakota.

Item 17 (w) (choice of law) and Section 33.4(2) of the Franchise Agreement are amended to add the following: "Any provision in the Franchise Agreement requiring that the Franchise Agreement be construed according to the laws of a state other than North Dakota are unfair, unjust or inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law.

The Franchise Agreement is revised to omit any requirement that a general release be signed as a condition of renewal.

Section 27.6 of the Franchise Agreement is amended to add the following:


OHIO NOTICE OF CANCELLATION

[Insert Date Agreement Signed by FRANCHISEE]

You may cancel this transaction, without penalty or obligation, within five business days from the above date. If you cancel, any payments made by you under the Agreement, and any negotiable instrument executed by you will be returned within ten business days following Expense Reduction Analysts, Inc.'s receipt of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to Expense Reduction Analysts, Inc., at your business address all goods delivered to you under this agreement; or you may if you wish, comply with the instructions of Expense Reduction Analysts, Inc., regarding the return shipment of the goods at Expense Reduction Analysts, Inc. 's expense and risk. If you do make the goods available to Expense Reduction Analysts, Inc., and Expense Reduction Analysts, Inc., does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of them without further obligation. If you fail to make the goods available to Expense Reduction Analysts, Inc., or if you agree to return them to Expense Reduction Analysts, Inc., and fail to do so, then you remain liable for the performance of all obligations under the Agreement. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to Expense Reduction Analysts, Inc., at 16415 Addison Road, Suite 410, Addison, Texas 75001 or send an e-mail to Expense Reduction Analysts, Inc., at recruiting@eragroup.com not later than midnight of [Insert date that is five business days after the date above].

Source: Item 22 — CONTRACTS (FDD pages 57–58)

What This Means (2025 FDD)

Yes, the 2025 Expense Reduction Analysts FDD includes state-specific addenda that modify the standard franchise agreement to comply with local laws and regulations. These addenda address specific legal requirements and franchisee rights within those states.

For example, the FDD includes an addendum for California, noting that certain provisions in the standard agreement, such as those concerning termination upon bankruptcy or covenants not to compete, may not be enforceable under California law. It also clarifies that franchisees cannot waive their rights under the California Franchise Relations Act or the Franchise Investment Law. Similarly, for Minnesota, the addendum addresses litigation, choice of law, and termination/non-renewal notice periods, ensuring compliance with Minnesota Statutes Chapter 80C.

An addendum for North Dakota modifies Item 17 of the disclosure document, addressing general releases, covenants not to compete, and choice of forum/law to align with North Dakota law. Additionally, the FDD includes an Ohio Notice of Cancellation, informing franchisees of their right to cancel the transaction within five business days. These state-specific addenda are crucial for prospective franchisees to understand their rights and obligations under the Expense Reduction Analysts franchise agreement within their specific state.

Disclaimer: This information is extracted from the 2025 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.