In the context of the Hydrodog franchise agreement, what takes precedence if there are conflicting provisions between the Rider and the main agreement?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Precedence and Defined Terms. This Rider is an integral part of, and is incorporated into, the Agreement. Nevertheless, this Rider supersedes any inconsistent or conflicting provisions of the Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Agreement.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, a Rider is incorporated into the main franchise agreement. However, the Rider takes precedence over any conflicting or inconsistent provisions in the main agreement. This means that if there's a disagreement between what's stated in the original agreement and what's in the Rider, the terms of the Rider will be the ones that are enforced. Terms that are not defined in the Rider will have the same meanings as defined in the agreement.
For a prospective Hydrodog franchisee, this is important because the Rider can modify or even override parts of the original franchise agreement. It's essential to carefully review the Rider to understand any changes to the standard terms. This could affect various aspects of the franchise, such as termination conditions, dispute resolution, or other legal matters.
For example, the Illinois and Minnesota Addenda include modifications to sections of the franchise agreement related to termination, limitations of claims, governing law, jurisdiction, and waivers. These addenda illustrate how a Rider can alter the original agreement to comply with specific state laws, providing additional protections or imposing different requirements on both the franchisee and Hydrodog.