Which state's laws govern the Itan Franchise Agreement?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
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| 5. | The states, if any, which have refused, by order or otherwise, to register these franchises include the |
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| 6. | The states, if any, which have revoked or suspended the right to offer these franchises include the |
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| 7. | The states, if any, in which the filing of these franchises has been withdrawn include the following: |
ILLINOIS
In recognition of the requirements of the Illinois Franchise Disclosure Act, 815 ILCS 705, the Disclosure Document and the Franchise Agreement and Supplemental Agreements are amended as follows:
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- Illinois law shall apply to and govern the Franchise Agreement and Supplemental Agreements.
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- In accordance with Section 4 of the Illinois Franchise Disclosure Act, any provision in the Franchise Agreement and Supplemental Agreements that designated jurisdiction and venue in a forum outside of the State of Illinois is void. However, the Franchise Agreement and Supplemental Agreements may provide for arbitration to take place outside of Illinois.
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- Your rights upon Termination and Non-Renewal are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
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- In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
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- The Franchise Agreement and Supplemental Agreements are amended to state the following:
To the extent that any provision in the Illinois State Addendum is inconsistent with any provision in this Agreement, the provision in the Illinois State Addendum shall control.
INDIANA
In recognition of the requirements of the Indiana Franchise Disclosure Law, IC 23-2-2-2.5, the Franchise Agreement and Supplemental Agreements are amended as follows:
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the laws governing the Franchise Agreement can vary depending on the franchisee's location. For franchisees in Illinois, the Illinois Franchise Disclosure Act dictates that Illinois law will apply to and govern the Franchise Agreement and Supplemental Agreements. Additionally, any provision designating jurisdiction and venue outside of Illinois is void, although arbitration may still take place outside the state. Similarly, for franchisees in Indiana, the laws of Indiana supersede any conflicting provisions in the Disclosure Document, Franchise Agreement, and Supplemental Agreements, and these agreements will be construed in accordance with Indiana law. Any clause requiring jurisdiction or venue outside of Indiana is deleted for agreements issued in Indiana.
For franchisees in Rhode Island, if a claim is enforceable under the Rhode Island Franchise Law, Itan will not restrict jurisdiction or venue to a forum outside the State of Rhode Island or require the application of the laws of another state.
These state-specific addenda modify the standard franchise agreement to comply with local laws, ensuring that franchisees' rights are protected under the laws of their respective states. Prospective franchisees should carefully review the State-Specific Addendum, if applicable to their state, to understand how the Franchise Agreement is modified and which laws will govern their franchise relationship with Itan.