What is the meaning of the term 'Illinois Act' in the Fly To Fit Illinois Rider?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
Limited Liability Company ("Franchisee"). This Rider amends the Franchise and Multi-Unit Development Agreement dated (the "Agreement"), between Fly To Fit Franchise, LLC, a Delaware ("Fly To Fit Franchise") and, a 1. Definitions. in the Agreement. Capitalized terms used but not defined in this Rider have the meanings given The "Illinois Act" means the Illinois Franchise Disclosure Act of 1987. 2. Agreement provides will be resolved by arbitration. Governing Law and Jurisdiction. Notwithstanding any provision of the Agreement to the contrary, the Agreement is governed by Illinois law. The parties irrevocably submit to the jurisdiction and venue of the federal and state courts in Illinois, except for matters which the 3. notice disclosing the violation, whichever shall first expire. Limitation of Claims. No action can be maintained to enforce any liability created by the Illinois Act unless brought before the expiration of 3 years from the act or transaction constituting the violation upon which it is based, the expiration of 1 year after Franchisee become aware of facts or circumstances reasonably indicating that Franchisee may have a claim for relief in respect to conduct governed by the Illinois Act, or 90 days after delivery to the Franchisee of a written 4. Waivers Void. Notwithstanding any provision of the Agreement to the contrary, any condition, stipulation, or provision purporting to bind Franchisee to waive compliance with any provision of the Illinois Act or any other law of the State of Illinois is void. This Section shall not prevent Franchisee from entering into a settlement agreement or executing a general release regarding a potential or actual lawsuit filed under any of the provisions of this Act, nor shall it prevent the arbitration of any claim pursuant to the provisions of Title 9 of the United States Code. 5. Effective Date. This Rider is effective as of the Effective Date. Agreed to by: FLY TO FIT FRANCHISE, LLC
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the Illinois Rider to the Franchise and Multi-Unit Development Agreement includes specific definitions. The term "Illinois Act" is explicitly defined within this rider.
The "Illinois Act" means the Illinois Franchise Disclosure Act of 1987. This definition clarifies that any references to the "Illinois Act" within the Illinois Rider pertain specifically to this statute. This is important for franchisees in Illinois as the rider modifies the standard franchise agreement to comply with Illinois law.
This definition ensures that both Fly To Fit and the franchisee understand which legal framework governs their relationship in Illinois. The Illinois Franchise Disclosure Act of 1987 contains provisions related to franchise sales, disclosures, and franchisee rights, so this definition is crucial for interpreting the rider's clauses related to governing law, limitations of claims, and waivers.