What is the relationship between the Face Foundrie Franchise Agreement and the Addendum?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
on-renewal of a franchise agreement are set | | forth in Section 19 and 20 of the Illinois Franchise Disclosure Act. | | YOUR FAILURE TO COMPLETE THE INITIAL TRAINING PROGRAM ASSOCIATED |
[Signature page follows.]
WITH THIS FRANCHISE OPPORTUNITY TO THE FRANCHISOR'S SATISFACTION, CAN RESULT
IN YOUR FRANCHISE BEING TERMINATED AND LOSS OF YOUR INVESTMENT.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement under seal as of the Effective Date.
FACE FOUNDRIÉ (IF ENTITY): FRANCHISING L.L.C. [Name] By: Name: Title: Date: (IF INDIVIDUALS): [Signature] [Print Name] [Signature] [Print Name] Date:
ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN MARYLAND
| 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) the Facial Bar that |
| Franchisee will operate under the Franchise Agreement will be located in Maryland; and/or (b) any of the |
| offering or sales activity relating to the Franchise Agreement occurred in Maryland. |
| 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 |
| any claims or liability arising under the Maryland Franchise Registration and Disclosure |
| Law. |
| 3. |
| INSOLVENCY. |
| The following sentence is added to the end of Section 14.02 |
| of the |
| Franchise Agreement: |
| Section 14.02 may not be enforceable under federal bankruptcy law (11 U.S.C. Sections 101 |
| et seq.). |
| 4. |
| FORUM FOR LITIGATION. The following language is added to the end of Section 18.04 |
| of the Franchise Agreement: |
| Franchisee may bring an action in Maryland for claims arising under the Maryland Franchise |
| Registration and Disclosure Law. |
| 5. |
| GOVERNING LAW. The following statement is added at the end of Section 19.04 of the |
| Franchise Agreement: |
| Notwithstanding the foregoing, the Maryland Franchise Registration and Disclosure Law shall |
| govern any claim arising under that law. |
| 6. |
| LIMITATION OF CLAIMS. The following is added to the end of Section |
| 18.06 of the |
| Franchise Agreement: |
| Franchisee must bring any claims arising under the Maryland Franchise |
| Registration and Disclosure Law within three years after Franchisor grants Franchisee |
| the franchise. |
- ACKNOWLEDGMENTS. The following is added as a new Section 19.19 to the end of the Franchise Agreement:
19.19 ACKNOWLEDGMENTS.
All representations requiring Franchisee to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement under seal as of the Effective Date.
FACE FOUNDRIÉ (IF ENTITY): FRANCHISING L.L.C. [Name] By: Name: Title: Date: (IF INDIVIDUALS): [Signature] [Print Name] [Signature] [Print Name] Date:
ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN MINNESOTA
| 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) the Facial Bar |
| that |
| Franchisee will operate under the Franchise Agreement will be located in Minnesota; and/or (b) any of the |
| offering or sales activity relating to the Franchise Agreement occurred in Minnesota. |
| 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 Minnesota Franchises Law. |
| 3. |
| RENEWAL TERM AND TERMINATION TERM. The following is added to the end |
| of Sections 14.03 and 15.01 |
| of the Franchise Agreement: |
| However, with respect to franchises governed by Minnesota law, Franchisor will comply with |
| Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, that |
| Franchisee be given 90 days' notice of termination (with 60 days to |
| cure) and 180 days' notice |
| of non-renewal of this Agreement. |
| 4. |
| NOTIFICATION OF INFRINGEMENT AND CLAIMS. The following sentence is |
| added to the end of Section 5.04 |
| of the Franchise Agreement: |
| Provided Franchisee has complied with all provisions of this Agreement applicable to the |
| Marks, Franchisor will protect Franchisee's right to use the Marks and will indemnify |
| Franchisee from any loss, cots or expenses arising out of any claims, suits or demands |
| regarding Franchisee's use of the Marks in accordance with Minn. Stat. Sec. 80C 12, Subd. |
| 1(g). |
| 5. |
| FORUM FOR LITIGATION. The following language is added to the end of Section 18.04 |
| of the Franchise Agreement: |
| NOTWITHSTANDING THE FOREGOING, MINN. STAT. SEC. 80C.21 AND MINN. |
| RULE 2860.4400J PROHIBIT US, EXCEPT IN CERTAIN SPECIFIED CASES, FROM |
| REQUIRING LITIGATION TO BE CONDUCTED OUTSIDE OF MINNESOTA. |
| NOTHING IN THIS AGREEMENT WILL ABROGATE OR REDUCE ANY OF |
| FRANCHISEE'S RIGHTS UNDER MINNESOTA STATUTES CHAPTER 80.C OR |
| FRANCHISEE'S RIGHTS TO ANY PROCEDURE, FORUM OR REMEDIES THAT |
| THE LAWS OF THE JURISDICTION PROVIDE. |
- GOVERNING LAW. The following statement is added at the end of Section 19.04 of the
Franchise Agreement:
NOTHING IN THIS AGREEMENT WILL ABROGATE OR REDUCE ANY OF FRANCHISEE'S RIGHTS UNDER MINNESOTA STATUTES CHAPTER 80C OR FRANCHISEE'S RIGHT TO ANY PROCEDURE, FORUM OR REMEDIES THAT THE LAWS OF THE JURISDICTION PROVIDE.
-
- MUTUAL WAIVER OF JURY TRIAL AND PUNITIVE DAMAGES. If and then only to the extent required by the Minnesota Franchises Law, Sections 18.05 and 18.06 of the Franchise Agreement are deleted.
-
- LIMITATION OF CLAIMS. The following is added to the end of Section 19.07 of the Franchise Agreement:
- ; provided, however, that Minnesota law provides that no action may be commenced under Minn. Stat. Sec. 80C.17, subd. 5 more than 3 years after the cause of action accrues.
-
- INJUNCTIVE RELIEF. Section 18.01 of the Franchise Agreement is deleted and replaced with the following:
Nothing in this Agreement bars Franchisor's right to obtain specific performance of the provisions of this Agreement and seek injunctive relief against conduct that threatens to injure or harm Franchisor, the Marks or the System, under customary equity rules, including applicable rules for obtaining restraining orders and preliminary injunctions. Franchisee agrees that Franchisor may seek such injunctive relief. Franchisee agrees that its only remedy if an injunction is entered against Franchisee will be the dissolution of that injunction, if warranted, upon due hearing, and Franchisee hereby expressly waives any claim for damages caused by such injunction. A court will determine if a bond is required.
-
- SECTION 6.05; NSF CHECKS. NSF checks are governed by Minn. Stat. 604.113, which puts a cap of $30 on service charges.
-
- No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including, fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed with the franchise.
[Signature page follows.]
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement under seal as of the Effective Date.
FACE FOUNDRIÉ (IF ENTITY): FRANCHISING L.L.C.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, the Addendum is an integral part of the Franchise Agreement. The Addendum is annexed to and forms part of the Franchise Agreement.
The purpose of the Addendum is to address specific legal requirements or considerations based on the franchisee's location. For example, if the Face Foundrie Facial Bar will be located in Maryland, New York, or Minnesota, or if any franchise-related activities occurred in those states, an addendum is included to address specific state laws.
In the case of Washington, the FDD states that the provisions of the Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. The Washington Addendum applies if the offer to sell a franchise is accepted in Washington; the purchaser of the franchise is a resident of Washington; and/or the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington. These addenda may modify sections of the franchise agreement to comply with state-specific franchise laws.