In the event of inconsistencies between the Franchise Agreement and the Wisconsin Addendum for Monicals Pizza, which document's terms govern?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum to the Franchise Agreement is agreed to this day of, 20, between Monical Pizza Corporation and to amend and revise said Franchise Agreement as follows: 1. The Wisconsin Fair Dealership Law Title XIV-A Ch. 135, Sec. 135.01-135.07 shall supersede any conflicting terms of the Franchise Agreement. 2. exhibits or attachments thereto, the terms of this Addendum shall govern. This provision of this Addendum is effective only to the extent that the jurisdictional requirements of the Wisconsin Fair Dealership 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 Franchise Agreement or 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:
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, the Wisconsin Fair Dealership Law and the Wisconsin Addendum take precedence over conflicting terms in the Franchise Agreement. Specifically, the Wisconsin Fair Dealership Law Title XIV-A Ch. 135, Sec. 135.01-135.07 supersedes any conflicting terms of the Franchise Agreement. Furthermore, if there are inconsistencies between the Franchise Agreement and its exhibits or attachments, the terms of the Wisconsin Addendum will govern.
This means that if a Monicals Pizza franchisee operates in Wisconsin, certain provisions of the standard Franchise Agreement may not apply. Instead, the terms outlined in the Wisconsin Addendum and the Wisconsin Fair Dealership Law will be enforced. This is designed to protect franchisees in Wisconsin, ensuring that the state's specific legal protections are upheld.
However, the FDD states that the provisions of the addendum are effective only to the extent that the jurisdictional requirements of Wisconsin law are met independently of the addendum. Therefore, a Monicals Pizza franchisee should consult with a legal professional to fully understand their rights and obligations under both the Franchise Agreement and the Wisconsin Addendum, ensuring they are compliant with all applicable laws.