Can the Floyds 99 agreement supersede any term of any Franchise Agreement?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
re Act or any other law of Illinois is void. | stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with | | 6. franchise. | 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 in connection with the | | concurrently with the execution of the Development Agreement on the day and year first above written. | IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this Illinois Rider | | FLOYD'S 99 FRANCHISING, LLC | DEVELOPER (Print Name) | | By: | By: | | Title: | Title: |
RIDER TO THE FLOYD'S 99 FRANCHISING, LLC FRANCHISE AGREEMENT FOR THE STATE OF ILLINOIS
| This Rider to the Franchise Agreement by and between Floyd's 99 Franchising, LLC and Franchisee is dated, 20 |
|---|
| 1. |
| Section 24.4 is deleted in its entirety and the following is substituted in its place: |
| 24.4 |
| Governing Law/Consent to Venue and Jurisdiction. |
| Except to the extent |
| governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et |
| seq.), or other federal law, Illinois law governs this Agreement. |
| 2. |
| Payment of the initial franchise fee is deferred until such time as the franchisor completes |
| its initial obligations and franchisee is open for business. The deferral of the initial franchise fee is required |
| by the Illinois Attorney General's Office based on our financial statements. |
| 3. |
| The Franchisor reserves the right to require the Franchisee to pay up to $25,000 for an |
| opening advertising and marketing campaign for the Shop that the Franchisee establishes under this |
| Franchise Agreement. |
| 4. |
| The Franchisee's rights upon termination and non-renewal of this Agreement are set forth |
| in Sections 19 and 20 of the Illinois Franchise Disclosure Act. |
| 5. |
| In conformance with Section 41 of the Il |
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, under certain conditions, addenda to the franchise agreement can supersede terms of the standard agreement, particularly in specific states. For example, in Illinois, a rider to the franchise agreement states that no statement or acknowledgment signed by a franchisee can waive claims under state franchise law or disclaim reliance on franchisor statements; this provision explicitly supersedes any other conflicting term in any document related to the franchise. Similarly, in Virginia and Washington, specific provisions ensure that state franchise laws prevail over conflicting terms in the franchise agreement, protecting franchisees' rights and claims.
These stipulations are especially relevant to prospective franchisees as they highlight the importance of understanding state-specific franchise laws. Floyds 99 franchisees should be aware that certain clauses in their franchise agreement might not be enforceable if they conflict with state laws designed to protect franchisees. This includes rights related to termination, renewal, and waivers of legal claims.
Therefore, it is crucial for potential Floyds 99 franchisees to carefully review the addenda and riders applicable to their specific state, as these documents can modify or even nullify certain terms of the standard franchise agreement. Franchisees should also consult with an attorney to fully understand their rights and obligations under both the franchise agreement and relevant state laws. This ensures that franchisees are aware of the protections available to them and can make informed decisions regarding their investment.