What is the relationship between the 'Agreement' and the 'Rider' in the Fly To Fit Illinois Rider?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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 specifically amends the existing Franchise and Multi-Unit Development Agreement. The Rider is designed to modify certain aspects of the agreement to ensure compliance with Illinois state laws.
Specifically, the Illinois Rider states that capitalized terms used within the rider, but not explicitly defined, will have the same meanings as those defined in the original agreement. This ensures consistency in interpretation between the two documents. The Rider also clarifies that the agreement is governed by Illinois law, and any disputes will be subject to the jurisdiction and venue of federal and state courts in Illinois, except for matters requiring arbitration.
Furthermore, the Rider includes provisions related to the statute of limitations for claims under the Illinois Act, stating that actions must be brought within a specific timeframe. It also voids any waivers that would force the franchisee to waive compliance with Illinois law. The Rider becomes effective as of the same date as the original agreement, indicating that it is intended to be implemented concurrently with the franchise agreement.