What state's law governs the Kitchen Solvers franchise agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement (FA) | Summary | |
|---|---|---|---|
| a. | Length of the franchise term | FA: Paragraph 4 | 10 years |
| b. | Renewal or extension of the term | FA: Paragraph 4 | If you satisfy renewal requirements, you have the option to renew for up to two (2) additional 10-year terms. |
| c. | Requirements for franchisee to renew or extend | FA: Paragraph 4 | You must be in compliance with your Franchise Agreement, be current with all monetary obligations, attend any necessary training and have continuously operated the Business. You also must give us notice, maintain or obtain suitable premises for the Business (including modernization of sample doors, showcase display and all materials displaying the Marks), sign a release and sign a then current Franchise Agreement, which may have materially different terms and conditions from your original agreement. |
| d. | Termination by franchisee | None | Not applicable (subject to state law) |
| Provision | Section in Franchise Agreement (FA) | Summary | |
| q. | Non-competition covenants during the term of the franchise | FA: Paragraph 10D | No direct or indirect involvement by you or your personal guarantors in the operation of any construction or remodeling business or any other business selling products and services similar to those sold by your Business. |
| r. | Non-competition covenants after the franchise is terminated or expires | FA: Paragraph 10D | No competing business for 2 years within the Territory, or within 25 miles of the outer boundary of your Territory or 25 miles of the outer boundary of another franchisee’s territory. |
| s. | Modification of the agreement | FA: Paragraph 16B | No modifications generally, but we may change Kitchen Solvers Business Systems Online Manual and list of Marks. |
| t. | Integration/ merger clause | FA: Paragraph 16B | Only the terms of the Franchise Agreement are binding. Any promises or representations not contained in the Franchise Agreement or this Disclosure Document may not be enforceable (subject to state law). |
| u. | Dispute resolution by arbitration or mediation | FA: Paragraph 13A | Except for certain claims, all disputes must be mediated and arbitrated where our then-current headquarters is located, which is currently La Crosse, Wisconsin (subject to state law). |
| v. | Choice of forum | FA: Paragraph 16I | Subject to the arbitration provisions, litigation must be brought in the Federal District Court for the District of Wisconsin or in La Crosse County District Court, La Crosse, Wisconsin (subject to state law). |
| w. | Choice of law | FA: Paragraph 16I | State of Wisconsin (subject to state law). |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 36–40)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, the franchise agreement is governed by the laws of the State of Wisconsin. However, this is subject to state law, meaning that certain state laws may override this provision depending on the franchisee's location. This means that while the agreement is written and interpreted primarily under Wisconsin law, specific aspects could be influenced by the laws of the state where the franchisee operates their Kitchen Solvers business.
This "choice of law" provision is a standard clause in franchise agreements, designed to provide clarity and consistency in legal interpretations. However, the caveat "subject to state law" acknowledges that certain state-specific franchise laws, such as those related to termination or renewal, may take precedence. Prospective Kitchen Solvers franchisees should be aware of this and understand how the laws of their own state might interact with the terms of the franchise agreement.
It is advisable for potential Kitchen Solvers franchisees to consult with a legal professional who is experienced in franchise law within their specific state. This expert can provide guidance on how local laws may affect the franchise agreement and the franchisee's rights and obligations. Understanding these nuances is crucial for making informed decisions and ensuring compliance with all applicable regulations.