In Illinois, can a person acquiring a Monicals Pizza franchise waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
ng this disclosure document, you are not agreeing to,acknowledging, or making any representations whatsoever to the Franchisor and its affiliates.
- Illinois law governs the Franchise Agreement.
- In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
- Your rights upon Termination and Non-Renewal of an agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
- In conformance with section 41 of the Illinois Franchise Disclosure Act, 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.
- No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.IF THE FRANCHISOR DECIDES TO MAKE CHANGES TO ITS SYSTEM (SUCH AS NEW EQUIPMENT, FIXTURES, SOFTWARE AND/OR TRADEMARKS), YOU MAY BE REQUIRED TO SPEND UP TO $50,000 DURING THE 5-YEAR TERM OF YOUR FRANCHISE AGREEMENT (AS WELL AS EACH 5-YEAR RENEWAL TERM) TO BRING YOUR RESTAURANT INTO COMPLIANCE.
FOR THE STATE OF INDIANA
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- ITEM
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to Monicals Pizza's 2025 Franchise Disclosure Document, specifically for franchisees in Illinois, any attempt to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This means that Monicals Pizza franchisees in Illinois cannot sign away their rights or protections under Illinois state laws related to franchising. This protection is in place to ensure that franchisees are not pressured into relinquishing their legal rights during the franchise agreement process.
Furthermore, any statement, questionnaire, or acknowledgment signed by a Monicals Pizza franchisee at the start of the franchise relationship cannot waive claims under state franchise law, including claims of fraud. It also cannot disclaim reliance on behalf of Monicals Pizza. This provision is designed to override any conflicting terms in other documents related to the franchise agreement, reinforcing the protection of the franchisee's rights under Illinois law.
In effect, these stipulations prevent Monicals Pizza from enforcing any agreement that forces a franchisee to give up their legal protections under Illinois law. This ensures that franchisees retain their ability to pursue legal remedies if they believe their rights have been violated, reinforcing the importance of the Illinois Franchise Disclosure Act in protecting franchisees.