Under what circumstances will the laws regulating the sale of franchises or governing the relationship of a franchisor and its franchisee not apply to the Kitchen Solvers agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent the New York General Business Law, Article 33, §§680 - 695 applies, the terms of this Addendum apply.
- Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
Any provision in the Franchise Agreement that is inconsistent with the New York General Business Law, Article 33, Section 680 - 695 may not be enforceable.
The general release required as a condition of renewal, sale and/or assignment/transfer will not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
With respect to franchises governed by Minnesota law, Franchisor will comply with Minnesota Statute § 80C.14, subdivisions 3, 4, and 5 which requires, except in certain specified cases, that you be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for nonrenewal of the Franchise Agreement.
Section 4 of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement that designates jurisdiction or venue outside the State of Illinois is void. However, a franchise agreement may provide for arbitration outside of Illinois.
Pursuant to Section 51-19-09 of the North Dakota Franchise Investment Law, any release the franchisee is required to assent to shall not apply to any liability Franchisor may have under the North Dakota Franchise Investment Law.
Franchisees have no obligation to indemnify or hold harmless an indemnified party for losses to the extent that they are determined to have been caused solely and directly by the indemnified party's negligence, willful misconduct, strict liability, or fraud.
Exhibit G (Sample Release) of the Franchise Disclosure Document is hereby amended to state that the Release does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, the applicability of franchise laws and regulations to the Kitchen Solvers agreement can be limited or altered based on specific state laws. For instance, in New York, any provision in the franchise agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680-695 may not be enforceable. Similarly, a general release required as a condition of renewal, sale, or transfer will not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
In Minnesota, the franchisor will comply with Minnesota Statute § 80C.14, subdivisions 3, 4, and 5, regarding termination and nonrenewal notices, and franchisees' rights as provided for in Minnesota Statutes, Chapter 80C, cannot be reduced or abrogated by anything in the Franchise Disclosure Document or agreements. Illinois law governs the Franchise Agreement, and any provision designating jurisdiction or venue outside Illinois is void, although arbitration outside of Illinois is permitted. Additionally, any condition that waives compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void.
In North Dakota, any release required of the franchisee does not apply to any liability Kitchen Solvers may have under the North Dakota Franchise Investment Law. Covenants not to compete upon termination or expiration of franchise agreements are generally not enforceable, and a waiver of exemplary and punitive damages will not apply to North Dakota franchisees. Similarly, in Washington, franchisees have no obligation to indemnify Kitchen Solvers for losses caused solely by Kitchen Solvers' negligence, willful misconduct, strict liability, or fraud, and the sample release does not apply to claims arising under the Washington Franchise Investment Protection Act.
These addenda highlight the importance of understanding state-specific franchise laws, as they can significantly modify the terms of the standard Kitchen Solvers franchise agreement. Prospective franchisees should carefully review the addenda applicable to their state and consult with legal counsel to ensure they are fully aware of their rights and obligations.