factual

Who are the parties that must execute the Virginia Amendment to the Franchise Agreement for a Hyper Kidz franchise?

Hyper_Kidz Franchise · 2024 FDD

Answer from 2024 FDD Document

In recognition of the requirements of the Virginia State Corporation Commission's Division of Securities and Retail Franchising, the parties to the attached Boomerang Franchise, LLC Franchise Agreement (the "Franchise Agreement") agree as follows:

    1. Each provision of this Amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Virginia Retail Franchising Act are met independently without reference to this Amendment.
    1. The Virginia State Corporation Commission's Division of Securities and Retail Franchising requires us to defer payment of the initial franchise fee and other initial payments owed by franchisees to the franchisor until the franchisor has completed its pre-opening obligations under the franchise agreement.
    1. No statement, questionnaire, or acknowledgment 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 franchise.

IN WITNESS WHEREOF, the parties hereto have duly executed this Virginia Amendment to the Franchise Agreement on the same date as that on which the Franchise Agreement was executed.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 49–52)

What This Means (2024 FDD)

According to the 2024 Hyper Kidz Franchise Disclosure Document, the parties that must execute the Virginia Amendment to the Franchise Agreement are the parties to the attached Boomerang Franchise, LLC Franchise Agreement. The amendment is required by the Virginia State Corporation Commission's Division of Securities and Retail Franchising.

The Virginia Amendment includes stipulations to protect franchisees, such as deferring payment of the initial franchise fee and other initial payments until Hyper Kidz has completed its pre-opening obligations under the franchise agreement. This ensures that franchisees are not paying fees before Hyper Kidz fulfills its responsibilities.

Additionally, the amendment ensures that no statement or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Hyper Kidz or its representatives. This provision supersedes any other conflicting terms in the franchise agreement, providing further protection for the franchisee's rights under Virginia law.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.