If a provision in the Fitstop Franchise Agreement is inconsistent with California Business and Professions Code Sections 20000 through 20043, which law controls?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
Item 17 of the Disclosure Document is supplemented by the following:
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- California Business and Professions Code Sections 20000 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 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, if any part of the Franchise Agreement conflicts with California Business and Professions Code Sections 20000 through 20043, the law will take precedence. This protects Fitstop franchisees in California by ensuring that certain rights granted to them under California law cannot be waived or overridden by the franchise agreement.
This means that Fitstop franchisees operating in California are entitled to the full protections afforded by the California Business and Professions Code Sections 20000 through 20043, regardless of what the franchise agreement might state. These sections of the California code pertain to the termination, transfer, or non-renewal of a franchise.
For a prospective Fitstop franchisee in California, this is a beneficial provision. It offers an additional layer of legal protection, ensuring that the franchisee's rights under California law are upheld even if the franchise agreement attempts to limit or waive those rights. Franchisees should be aware of these protections and consult with legal counsel to fully understand their rights under both the franchise agreement and California law.