For Jersey Mikes franchises, under what condition does the Illinois Amendment to the Franchise Agreement become ineffective?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6 Each provision of this Amendment shall be effective only to the extent that the jurisdictional requirements of the Act, with respect to each such provision, are met independent of this Amendment. This Amendment shall have no force or effect if such jurisdictional requirements are not met.
Source: Item 23 — RECEIPTS (FDD pages 77–421)
What This Means (2025 FDD)
According to Jersey Mikes' 2025 Franchise Disclosure Document, the Illinois Amendment to the Franchise Agreement becomes ineffective if the jurisdictional requirements of the Illinois Franchise Disclosure Act are not met independently of the amendment itself. This means that each provision within the amendment must satisfy the Act's jurisdictional prerequisites on its own, without relying on the amendment to fulfill those requirements. If these jurisdictional requirements are not met, the amendment will have no force or effect.
In practical terms, this condition ensures that the protections and modifications provided by the Illinois Amendment are only applicable when the Illinois Franchise Disclosure Act has proper jurisdiction over the franchise relationship. This could depend on factors such as where the franchise is located, where the franchisee resides, or where the franchise agreement was signed. If the circumstances of the franchise do not fall under the jurisdiction of the Act, the amendment will not apply, and the original terms of the Franchise Agreement will remain in effect.
For a prospective Jersey Mikes franchisee in Illinois, this means it's crucial to understand the jurisdictional requirements of the Illinois Franchise Disclosure Act and how they apply to their specific situation. If there's any doubt about whether the Act applies, they should seek legal advice to determine the enforceability of the Illinois Amendment. This ensures that they are aware of their rights and obligations under both the Franchise Agreement and the applicable state laws.