If a Face Foundrie franchisee is a resident of New York, does this addendum apply?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS ADDENDUM (the "Addendum") is made and entered into by and between FACE FOUNDRIÉ FRANCHISING L.L.C., a Minnesota limited liability company ("Franchisor") with its principal business address at 6446 Flying Cloud Drive, Eden Prairie, Minnesota 55344, and a ("Franchisee"), whose |
|---|
| principal business address is |
| 1. |
| BACKGROUND. Franchisor and Franchisee are parties to that certain Franchise Agreement |
| dated, 20 (the "Franchise Agreement"). This Addendum is annexed to |
| and forms part of the Franchise Agreement. This Addendum is being signed because |
| (a) Franchisee is a resident |
| of New York and |
| the Facial Bar that Franchisee will operate under the Franchise Agreement will be located or |
| operated in New York; and/or (b) any of the offering or sales activity relating to the Franchise Agreement |
| occurred in New York. |
| 2. |
| RELEASES. The following is added to the end of Sections 13.02 and 15.03 of the Franchise |
| Agreement: |
| Any release required as a condition of renewal, sale and/or assignment/transfer will not apply |
| to the extent prohibited by the New York State General Business Law. |
| 3. |
| TERMINATION OF AGREEMENT – |
| BY FRANCHISEE. |
| The following language is |
| added to 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. |
| 4. |
| INJUNCTIVE RELIEF. The following sentence is added to the end of Section 18.01: |
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, an addendum to the franchise agreement is specifically designed for franchisees who are residents of New York. The document states that the addendum is signed because the franchisee is a resident of New York, or the Facial Bar will be located or operated in New York, or any of the offering or sales activity relating to the Franchise Agreement occurred in New York. This indicates that if a franchisee is a resident of New York, this addendum is applicable and becomes part of the Franchise Agreement.
The addendum modifies certain sections of the standard Franchise Agreement to comply with New York state law. Specifically, it addresses releases, termination rights, and injunctive relief. The releases required for renewal, sale, or transfer will not apply if prohibited by New York State General Business Law. Additionally, the franchisee has the right to terminate the agreement based on grounds available under Article 33 of the General Business Law of the State of New York.
This addendum ensures that Face Foundrie's franchise agreement adheres to New York's franchise laws, providing additional protections and rights to franchisees operating in that state. Prospective franchisees in New York should carefully review this addendum with legal counsel to understand their rights and obligations under the franchise agreement as modified by New York law.