Under what conditions is a Kitchen Solvers franchisee prohibited from assigning their rights and obligations under the Franchise Agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement will be binding upon and inure to the benefit of our successors and assigns and will be binding upon and inure to your benefit and your heirs, executors, administrators, successors and assigns, subject to the prohibitions against assignment contained above.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the Franchise Agreement will be binding upon and inure to the benefit of the franchisee and their heirs, executors, administrators, successors, and assigns, but this is subject to the prohibitions against assignment contained within the agreement.
Section 4 of the Illinois Franchise Disclosure Act states 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. Additionally, Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
In New York, 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. Also, any provision in the Franchise Agreement requiring a franchisee to sign a general release of claims against the franchisor does not release any claim the franchisee may have under New York General Business Law, Article 33, Sections 680-695. The New York Franchise Law shall govern any claim arising under that law.