What is the significance of the Kitchen Solvers agreement being entered into in the State of Wisconsin?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO KITCHEN SOLVERS® FRANCHISE AGREEMENT FOR THE STATE OF WISCONSIN
This Addendum pertains to franchisees in the State of Wisconsin and is for the purpose of complying with Wisconsin statutes and regulations. Notwithstanding anything which may be contained in the body of the Franchise Agreement to the contrary, the Agreement is amended to include the following:
- Notwithstanding anything which may be contained in the body of the Franchise Agreement to the contrary, Subparagraph 11.B of the Agreement pertaining to "Termination by Us" is extended as follows:
We will provide you at least 90 days' prior written notice of termination, cancellation, or substantial change in competitive circumstances. The notice will state all the reasons for termination, cancellation, or substantial change in competitive circumstances and will provide that you have 60 days in which to rectify any claimed deficiency. If the deficiency is rectified within 60 days, the notice will be void. If the reason for termination, cancellation, or substantial change in competitive circumstances is nonpayment of sums due under the franchise, you will be entitled to written notice of such default, and will have not less than 10 days in which to remedy such default from the date of delivery or posting of such notice.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the agreement being entered into in the State of Wisconsin has several implications for franchisees operating in Wisconsin. Primarily, the Wisconsin Fair Dealership Law (WFDL), Ch. 135, Stats., supersedes any conflicting provisions in the Franchise Agreement or related documents. This means that certain protections and rights are afforded to Kitchen Solvers franchisees in Wisconsin that may not be available in other states.
One key aspect of the Wisconsin Fair Dealership Law is the requirement for Kitchen Solvers to provide franchisees with at least 90 days' prior written notice of termination, cancellation, or substantial changes in competitive circumstances. This notice must include all reasons for such actions and allow the franchisee 60 days to cure any claimed deficiency. If the issue is nonpayment, the franchisee has 10 days to remedy the situation. This provides Wisconsin Kitchen Solvers franchisees with a longer period to address concerns compared to what might be offered in other states, offering a buffer against abrupt termination.
Furthermore, certain provisions in the standard Kitchen Solvers Franchise Agreement are specifically deleted or modified for Wisconsin franchisees. For instance, the standard agreement includes an acknowledgment that the franchisee is entering the agreement based on their own investigation, not on representations made by Kitchen Solvers that contradict the agreement. However, for Wisconsin franchisees, this acknowledgment is removed to ensure franchisees' rights under Wisconsin franchise law are protected. Additionally, franchisees in Wisconsin cannot waive claims under applicable state franchise law or disclaim reliance on statements made by Kitchen Solvers.
In summary, the Kitchen Solvers franchise agreement is significantly impacted by Wisconsin state law, offering additional protections and rights to franchisees operating within the state. Prospective franchisees in Wisconsin should carefully review the addendum to the franchise agreement and understand how the Wisconsin Fair Dealership Law affects their rights and obligations.