Is a provision designating jurisdiction or venue outside of Illinois valid in the Focus Cfo Franchise Agreement?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
MULTI-STATE ADDENDA
FOR THE STATE OF ILLINOIS
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- For choice of law purposes, and for the interpretation and construction of the Franchise Agreement, the Illinois Disclosure Act, 815 ILCS 705 governs.
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- No action for liability under the Illinois Franchise Disclosure Act shall be maintained unless brought before the expiration of three years after the act or transaction constituting the violation up
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, for franchisees in Illinois, the Illinois Franchise Disclosure Act governs the choice of law and the interpretation and construction of the Franchise Agreement. This means that the standard provision in the Focus Cfo Franchise Agreement that might designate a jurisdiction or venue outside of Illinois may not be fully enforceable for Illinois franchisees. The Illinois Disclosure Act takes precedence in these matters.
Specifically, the FDD states that the Illinois Franchise Disclosure Act, 815 ILCS 705, will govern the choice of law and the interpretation and construction of the Franchise Agreement for Illinois franchisees. This ensures that Illinois franchisees have the protections afforded to them under Illinois law, regardless of what the standard franchise agreement might state about jurisdiction or venue.
Furthermore, any action for liability under the Illinois Franchise Disclosure Act must be brought within three years after the act or transaction constituting the violation. This limitation period is crucial for franchisees to understand, as it sets a deadline for pursuing claims under Illinois franchise law.
Therefore, while the Focus Cfo Franchise Agreement may contain provisions that specify a different jurisdiction or venue, Illinois law will take precedence for franchisees operating in Illinois, providing them with a legal framework grounded in Illinois statutes and regulations.