What is the purpose of the 'IN WITNESS WHEREOF' clause in the Monicals Pizza addendum?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
| between Monical Pizza Corporation and amends and revises the Area Development Agreement as follows: | This Addendum to the Area Development Agreement is agreed to this day of, 20, by and , and |
|---|---|
| 1. | The Wisconsin Fair Dealership Law Title XIV-A Ch. 135, Sec. 135.01-135.07 shall supersede any |
| conflicting terms of the Area Development Agreement. | |
| 2. Agreement 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 Wisconsin 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 |
| understands and consents to be bound by all of its terms. |
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to the 2025 FDD, the "IN WITNESS WHEREOF" clause in the addendum to the Monicals Pizza franchise agreement serves as a formal attestation that both the franchisor, Monicals Pizza Corporation, and the franchisee or developer acknowledge, have read, understand, and consent to be legally bound by all the terms outlined in the addendum. This clause appears in addenda for various states such as Wisconsin, Indiana, Maryland, Minnesota, and Virginia.
In practical terms, this means that by signing the addendum, both parties are confirming their agreement to any amendments or revisions made to the original franchise or area development agreement. These addenda often address specific state laws that may supersede conflicting terms in the original agreement. For example, addenda may relate to the Wisconsin Fair Dealership Law, the Indiana Deceptive Franchise Practices Law, the Maryland Franchise Registration and Disclosure Law, or the Minnesota Franchise Law.
The inclusion of this clause is a standard legal practice to ensure that all parties are fully aware of their rights and obligations under the amended agreement. It reinforces the enforceability of the addendum and helps prevent future disputes by establishing a clear record of mutual consent and understanding. The clause emphasizes that the terms of the addendum will govern in cases where inconsistencies arise between the addendum and the original agreement or any associated exhibits.
Prospective Monicals Pizza franchisees should carefully review any addenda to their franchise agreement, paying close attention to how state-specific laws may impact their rights and obligations. The "IN WITNESS WHEREOF" clause signifies the franchisee's formal acceptance of these terms, making it a critical component of the franchising process.