What governing law applies to the Mrcool franchise agreement?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
sion supersedes any other term of any document executed in connection with the franchise.
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- Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the New York General Business Law, are met independently without reference to this amendment.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this New York amendment to the MRCOOL Franchising, LLC Franchise Agreement and, if applicable, the Development Agreement on the same date as the Franchise Agreement and Development Agreement were, respectively, executed.
| Franchisor: MRCOOL Franchising, LLC | Franchisee: | |----------------------------------------|---------------------| | Signature | Signature | | Name and Title (please print) | Name (please print) | | Dated | Dated Signature Name (please print) Dated |
NORTH DAKOTA FRANCHISE AGREEMENT AMENDMENT
Amendments to the MRCOOL Franchise Agreement
In recognition of the North Dakota Franchise Investment Law, Section 51-19, the parties to the attached MRCOOL Franchising, LLC Franchise Agreement (the "Franchise Agreement") agree as follows:
The North Dakota Addendum is only applicable if you are a resident of North Dakota or if your MRCOOL Center outlet will be located within the State of North Dakota.
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- Article 15 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring North Dakota franchisees to sign a general release upon renewal of the Franchise Agreement are not enforceable in North Dakota."
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Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, the governing law of the franchise agreement depends on the franchisee's location. For instance, if a Mrcool franchisee is based in North Dakota, North Dakota law will apply to the franchise agreement. This is specified in an amendment to Article 18 of the franchise agreement, ensuring that North Dakota franchisees are governed by their state's laws.
Similarly, for franchisees in Illinois, Illinois law governs the agreements between the parties. This is explicitly stated in the Illinois Franchise and Development Agreement Amendment, which modifies Article 18.F of the Franchise Agreement and Section 7.5 of the Development Agreement. The amendment ensures that Illinois franchisees have their agreements interpreted and enforced under Illinois law.
These state-specific amendments reflect Mrcool's effort to comply with various state franchise laws, such as the North Dakota Franchise Investment Law, the Illinois Franchise Disclosure Act, the New York General Business Law, the Maryland Franchise Registration and Disclosure Law, the Minnesota Statutes, Chapter 80C, and the Hawaii Franchise Investment Law. Prospective franchisees should review the specific amendment for their state to understand which laws will govern their franchise agreement.