Under what condition do the Additional Disclosures for Fitstop in Illinois have no force or effect?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
Each provision of these Additional Disclosures shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently without reference to these Additional Disclosures. The Additional Disclosures shall have no force or effect if such jurisdictional requirements are not met.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the Additional Disclosures for Illinois will have no force or effect if the jurisdictional requirements of the Illinois Franchise Disclosure Act are not met independently, without relying on these Additional Disclosures themselves. This means that for these specific disclosures to be valid and enforceable, the legal basis for applying Illinois franchise law must exist separately from the fact that these disclosures are being made.
In simpler terms, the Illinois Franchise Disclosure Act must apply to the franchise relationship regardless of whether Fitstop provides these additional disclosures. If the circumstances of the franchise sale or operation do not inherently fall under Illinois's jurisdiction, the additional disclosures alone cannot create that jurisdiction.
This condition protects Fitstop from being subjected to Illinois law merely by providing these disclosures if the franchise otherwise has no connection to Illinois. It also ensures that franchisees can only rely on these additional disclosures if they are already protected by Illinois franchise law due to the nature of their franchise agreement or business operations within the state.