Does the Illinois addendum supersede other terms in documents executed in connection with the Kitchen Solvers Area Development Agreement franchise?

According to Kitchen Solvers' 2025 Franchise Disclosure Document, the Illinois addendum to the Area Development Agreement does supersede conflicting terms in the agreement. Specifically, the addendum states that if there is any conflict between it and the Area Development Agreement, the terms and conditions of the addendum will take precedence. This ensures that Kitchen Solvers' franchisees in Illinois are protected by Illinois-specific franchise laws.

This means that certain provisions of the standard Area Development Agreement that might conflict with Illinois law are effectively amended or overridden by the addendum. For example, the addendum notes that Illinois law governs the Area Development Agreement, and any provision designating jurisdiction or venue outside of Illinois is void, although arbitration outside of Illinois is permitted. It also states that franchisees cannot waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law.

Furthermore, the Illinois Attorney General's Office has mandated that Kitchen Solvers defer the collection of initial franchise fees and/or development fees until the company has fulfilled its pre-opening obligations to the franchisee and the franchisee has commenced business operations. This requirement was imposed due to Kitchen Solvers' financial condition. This deferral provides a level of financial protection for new franchisees in Illinois, ensuring that they do not pay fees until Kitchen Solvers has met its initial obligations.

In addition, certain sections of the Area Development Agreement, specifically Sections 9.17.1 and 19.7.3, are deleted by the addendum. This further customizes the agreement to comply with Illinois law and protect the franchisee's rights. The addendum clarifies that except as expressly modified, the Area Development Agreement remains in full force and effect, meaning that only the conflicting or deleted sections are impacted, while the rest of the agreement remains valid.