What agreement does this amendment annex to and form part of for Jersey Mikes?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
franchises. A franchise broker represents the franchisor and is paid a fee for referring prospects to the franchisor and/or selling the franchise. If a franchisee is working with a franchise broker, franchisees are advised to carefully evaluate any information provided by the franchise broker about a franchise.
THE FOLLOWING PAGES INCLUDE STATE SPECIFIC ADDENDA TO FRANCHISE AGREEMENT
AMENDMENT TO A SUB ABOVE, LLC FRANCHISE AGREEMENT FOR THE STATE OF ILLINOIS
| Above, LLC ("Franchisor") and | ("Franchisee" or "You"). | Franchisor |
|---|---|---|
| and Franchisee are parties that certain Franchise Agreement dated | , 20 | (the |
| "Franchise Agreement"). This Amendment is annexed to and forms part of the Franchise Agreement. This | ||
| Amendment is being signed because (a) any of the offering or sale s activity relating to the Franchise | ||
| Agreement occurred in Illinois and the F ranchised Restaurant that You will opera te under the Franchise | ||
| Agreement will be located in Illinois, and/or (b) You are domiciled in Illinois. |
ILLINOIS LAW MODIFICATIONS
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- The Illinois Attorney General's Office requires that c ertain provisions contained in franchise documents be amended to be consistent with Illinois law, including the Franchise Disclosure Act of 1987, Ill. Rev. S tat. ch. 815 para. 705/1 - 705/44 (1994) (the "Act"). To the extent that the F ranchise Agreement contains provisions that are inconsistent with th is Amendment, the provisions of thi s Amendment will govern such inconsistency.
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Source: Item 23 — RECEIPTS (FDD pages 77–421)
What This Means (2025 FDD)
According to Jersey Mikes's 2025 Franchise Disclosure Document, the amendment is annexed to and forms part of either the Franchise Agreement or the Area Development Agreement, depending on the context. Specifically, if you are signing the amendment as a franchisee, it is part of the Franchise Agreement. If you are signing as a developer, it is part of the Area Development Agreement. This ensures that any modifications or additions to the original agreement are legally integrated and binding.
For franchisees in specific states like North Dakota and Illinois, these amendments address state-specific legal requirements. For example, the North Dakota Securities Commissioner mandates certain provisions to align with North Dakota law. Similarly, Illinois law requires amendments to ensure consistency with the Illinois Franchise Disclosure Act. These amendments can cover aspects like arbitration locations, the ability to bring actions under state franchise laws, and the enforceability of certain agreement provisions.
This means that prospective Jersey Mikes franchisees need to pay close attention to any state-specific amendments included in their franchise documents. These amendments can alter the original terms of the Franchise Agreement to comply with local laws, potentially affecting their rights and obligations. It is crucial to understand how these amendments modify the original agreement to ensure full compliance and awareness of their legal standing within their specific state.