If the Kitchen Solvers Franchise Agreement is inconsistent with the law, which will control?

According to Kitchen Solvers' 2025 Franchise Disclosure Document, the specific answer to which controls when the Franchise Agreement is inconsistent with the law depends on the state where the franchise is located. For example, the addendum to the Kitchen Solvers Franchise Agreement for the state of California states that "If the Area Development Agreement is inconsistent with the law, the law will control."

For franchisees in New York, the New York General Business Law, Article 33, §§680 - 695 applies, and any provision in the Franchise Agreement that is inconsistent with this law may not be enforceable. Similarly, for franchisees in Wisconsin, the Wisconsin Fair Dealership Law supersedes any conflicting provisions in the agreement. In Maryland, representations requiring franchisees to release liability are not valid if they conflict with the Maryland Franchise Registration and Disclosure Law. These addenda ensure that franchisees' rights under state laws are protected, regardless of what the standard Franchise Agreement might say.

For prospective Kitchen Solvers franchisees, this means that the enforceability of certain provisions in the Franchise Agreement can vary significantly based on the state in which they operate. It is crucial to carefully review the addendum specific to their state and understand how it modifies the standard agreement. This also highlights the importance of consulting with a legal professional who is familiar with franchise law in their particular state to ensure full compliance and protection of their rights.