factual

Does Michigan law require Monicals Pizza to include a renewal provision in its franchise agreement?

Monicals_Pizza Franchise · 2025 FDD

Answer from 2025 FDD Document

CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE DISCLOSURE DOCUMENT.

    1. Section 31125 of the California Corporations Code requires us to give you a Disclosure Document, in a form containing the information that the commissioner may by rule or order require, before a solicitation of a proposed material modification of an existing franchise.

You must sign a general release if you renew or transfer your franchise. California Corporations Code §31512 voids a waiver of your rights under the Franchise Investment Law (California Corporations Code §§31000 through 31516). Business and Professions Code §20010 voids a waiver of your rights under the Franchise Relations Act (Business and Professions Code §§20000 through 20043).

Neither the franchisor, any person or franchise broker in Item 2 of the Disclosure Document Disclosure Document is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, 15 U.S.C.A. 78a et seq., suspending or expelling such persons from membership in such association or exchange.

    1. ITEM 17 of the Disclosure Document Disclosure Document is amended to add the following:
    • The California Business and Professions Code Sections 20000 through 20043 provide rights to the franchisee concerning termination or non-renewal of a franchise. If the Franchise Agreement or Area Development Agreement contains a provision that is inconsistent with the law, the law will control.
    • The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq.).
    • The Franchise Agreement contains a covenant not to compete that extends beyond the term of the agreement. This provision might not be enforceable under California law.
    • The Franchise Agreement and Area Development Agreement require litigation to be conducted in a court located outside of the State of California. This provision might not be enforceable for any cause of action arising under California law.
    • The Franchise Agreement and Area Development Agreement require application of the laws of a state other than the State of California. This provision might not be enforceable under California law.

Source: Item 23 — RECEIPTS (FDD pages 46–257)

What This Means (2025 FDD)

Based on the 2025 Monicals Pizza Franchise Disclosure Document, there is no specific addendum or statement indicating that Michigan law requires a renewal provision in the franchise agreement. The document includes addenda for California and Wisconsin, addressing specific legal requirements in those states, but Michigan is not mentioned in a similar context.

Item 23 includes addenda to the franchise disclosure document for California and Wisconsin. For California, it mentions requirements related to delivering proposed agreements and providing a disclosure document before material modifications to an existing franchise. It also notes that franchisees must sign a general release upon renewal or transfer, and it voids waivers of rights under specific California codes. For Wisconsin, the addendum states that the Wisconsin Fair Dealership Law supersedes any conflicting terms in the franchise agreement.

Since Michigan is not mentioned in the state-specific addenda, prospective Monicals Pizza franchisees in Michigan should seek clarification from the franchisor regarding renewal provisions and whether Michigan law has any specific requirements or protections related to franchise renewals. It would be prudent to consult with a legal professional in Michigan to understand their rights and obligations concerning franchise agreements and renewals within that state.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.