factual

Does the Expense Reduction Analysts franchise agreement amendment create any new obligations for the franchisee?

Expense_Reduction_Analysts Franchise · 2025 FDD

Answer from 2025 FDD Document

THIS AMENDMENT TO FRANCHISE AGREEMENT (this "Amendment") dated
, is intended to be a part of, and by this reference is incorporated into that
certain Franchise Agreement (the "Agreement") dated, by and between
EXPENSE REDUCTION ANALYSTS, INC., a California corporation ("ERA"), and
("Franchisee"). Where and to the extent that any of the
provisions of this Amendment are contrary to, in conflict with or inconsistent Maryland Franchise
Registration and Disclosure Law, with any provision contained in the Agreement, the provisions
contained in this Amendment shall control. Defined terms contained in the Agreement shall have
the identical meanings in this Amendment.

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.

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].

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

The following applies to franchises and franchisees subject to Virginia statutes and regulations. The Item number corresponds to those in the main body. In Virginia, the Disclosure Document is amended as follows:

  1. Pursuant to Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any grounds for default or termination stated in the Franchise Agreement or other agreements does not constitute "reasonable cause" as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable.

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.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (REGIONAL FRANCHISEES) (FDD pages 52–57)

What This Means (2025 FDD)

According to the 2025 Expense Reduction Analysts FDD, the franchise agreement is subject to amendments, particularly through state-specific addenda, which may introduce new obligations or modify existing ones for the franchisee. These addenda are designed to ensure compliance with local statutes and regulations, potentially altering the terms of the standard franchise agreement.

For example, the addendum for North Dakota revises Item 17(c) to remove the requirement for a general release as a condition of renewal. It also addresses covenants not to compete, mediation or arbitration locations, choice of forum, and choice of law to align with North Dakota law. Similarly, the Virginia addendum states that it is unlawful for a franchisor to cancel a franchise without reasonable cause, as defined by the Virginia Retail Franchising Act. These alterations suggest that franchisees must understand the specific addendum for their state, as it takes precedence over the standard agreement where conflicts arise.

Furthermore, the Ohio addendum includes a notice of cancellation, allowing the franchisee to cancel the transaction within five business days without penalty. This notice outlines the procedures for cancellation and the obligations of both the franchisee and Expense Reduction Analysts regarding the return of payments and goods. The California addendum highlights franchisee rights concerning termination, transfer, or non-renewal, stating that California law will control if the Franchise Agreement is inconsistent with it. These state-specific changes emphasize the importance of carefully reviewing the addendum applicable to the franchisee's state to understand their rights and obligations fully.

Therefore, while the core franchise agreement sets the foundation, the state addenda introduce variations that can impose new obligations, remove existing ones, or clarify the franchisee's rights under local laws. Prospective Expense Reduction Analysts franchisees must pay close attention to these addenda to fully grasp their contractual responsibilities and legal protections 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.