What is the 'Ad Idendum' referring to in the context of the Monicals Pizza FDD?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum amends the Lease between the parties described hereinabove; and except as provided herein, all other terms of said Lease shall remain unchanged.
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| between Monical Pizza Corporation and | This Addendum to the Area Development Agreement is agreed to this day of, 20, by and | |
|---|---|---|
| 1. | In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, Md. | |
| as follows: | Code Ann., Bus. Reg. §§14-201-14-233, the Area Development Agreement for Monical Pizza Corporation is amended | |
| | Section 13.1 of the Area Development Agreement is amended to provide that in the event of a conflict of laws, the Maryland Franchise Registration and Disclosure Law will prevail. | |
| | Franchise Registration and Disclosure Law. | Any litigation between Developer and Franchisor may be instituted in any court of competent jurisdiction, including a court in the State of Maryland for claims arising under the Maryland |
| | brought within 3 years after the grant of the franchise. | Any claims arising under the Maryland Franchise Registration and Disclosure Law must be |
| 2. | or exhibits or attachments thereto, the terms of this Addendum shall govern. | Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the Maryland Law applicable to the provisions are met independently of this Addendum. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said Area Development Agreement |
| understands and consents to be bound by all of its terms. | IN WITNESS WHEREOF, each of the undersigned hereby acknowledges having read this Addendum, and | |
| MONICAL PIZZA CORPORATION: | Developer: | |
| By: | By: | |
| Title: | Title: | |
| between Monical Pizza Corporation and | This Addendum to the Area Development Agreement is agreed to this day of, 20, by and | |
| ------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | |
| 1. follows: | In recognition of the Minnesota Franchise Law, Minn. Stat., Chapter 80C, §80C.01 through 80C.22, and the Rules and Regulations promulgated pursuant thereto by the Minnesota Commission of Securities, Minnesota Rule 2860.4400, et seq., the Area Development Agreement for Monical Pizza Corporation is amended as | |
| days' notice of non-renewal of the Area Development Agreement. | Section 8 of the Area Development Agreement is amended to state that with respect to franchises governed by the Minnesota Franchise Law, the Franchisor will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5, which require, except in certain specified cases, that a Developer be given 90 days' notice of termination (with 60 days to cure) and 180 | |
| | Developer is not required to consent to liquidated damages because Minn. Rule 2860.44005 |
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to the 2025 Monicals Pizza Franchise Disclosure Document, an addendum is used to amend existing agreements, specifically the Lease Agreement and the Area Development Agreement.
With respect to the Lease Agreement, the addendum modifies the lease between the landlord and tenant, ensuring that Monicals Pizza Corporation has certain rights and notices. These include the right to receive assignment of the lease upon termination of the franchise agreement, access to the premises to remove trademarked items, and notification of any default notices. The addendum also ensures Monicals Pizza's signage can be displayed and that the landlord provides sales information and lease amendments to Monicals Pizza Corporation. Any modifications to the lease affecting these provisions require Monicals Pizza Corporation's written consent.
Regarding the Area Development Agreement, the addendum addresses specific state franchise laws, such as those in Maryland and Minnesota. For Maryland, the addendum ensures that the Maryland Franchise Registration and Disclosure Law prevails in case of conflicts and sets a three-year limit for claims arising under that law. For Minnesota, the addendum modifies the agreement to comply with Minnesota franchise laws, including notice requirements for non-renewal and restrictions on liquidated damages and out-of-state litigation. These addenda ensure that Monicals Pizza's agreements comply with local regulations and protect the franchisee's rights under those laws.