Does the My Salon Suite FDD include State Addenda, and if so, which exhibit contains them?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
EXHIBIT H
STATE ADDENDA
STATE ADDENDA
ADDENDUM TO FRANCHISE AGREEMENT, SUPPLEMENTAL AGREEMENTS, AND FRANCHISE DISCLOSURE DOCUMENT FOR CERTAIN STATES FOR SUITE MANAGEMENT FRANCHISING, LLC
The following modifications are made to the Suite Management Franchising, LLC ("Franchisor," "us," "we," or "our") Franchise Disclosure Document ("FDD") given to Franchisee ("Franchisee," "you," or "your") and may supersede, to the extent then required by valid applicable state law, certain portions of the Franchise Agreement between you and us dated , 20 ("Franchise Agreement").
Depending on state law, the provisions of this State-Specific Addendum ("State Addendum") may apply to modify the FDD that was given to you, as well as the Franchise Agreement, and any applicable Addenda, Exhibits, Appendices, or mutually agreed modifications thereto. Specifically, this State Addendum will apply to your Franchise Agreement only if the jurisdictional requirements of a listed state's laws are met independently and without reference to this Addendum, to the Franchise Agreement, or to the FDD. For purposes of the State Addendum, the "Franchisor's Choice of Law State" is Texas, and "Supplemental Agreements" means Development Agreement. If any inconsistency arises between the Franchise Agreement, FDD, or Supplemental Agreements and this State Addendum, the terms of this State Addendum shall control. Nothing in this State Addendum, the FDD, Franchise Agreement, or Supplemental Agreements should be interpreted or construed as providing an independent basisfor Franchisee's assertion that any state law or provision applies to the FDD, Franchise Agreement, or Supplemental Agreements that would not otherwise apply due to the jurisdictional requirements of such state law or provision.
CALIFORNIA
Source: Item 22 — Contracts (FDD pages 94–95)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the FDD includes state addenda. Exhibit H of the FDD contains these state addenda, which modify the Franchise Disclosure Document and Franchise Agreement to comply with specific state laws. These addenda may supersede certain portions of the Franchise Agreement to the extent required by applicable state law. The franchisor's choice of law state is Texas, and Supplemental Agreements means Development Agreement. If any inconsistency arises between the Franchise Agreement, FDD, or Supplemental Agreements and this State Addendum, the terms of this State Addendum shall control.
The state addenda apply only if the jurisdictional requirements of a listed state's laws are met independently. This means that the applicability of a state addendum depends on whether the state's laws would apply regardless of the addendum itself. The document includes specific examples of addenda for California and New York, indicating that these states have specific legal considerations for franchising.
Prospective franchisees should carefully review Exhibit H to understand how the state addenda may affect their rights and obligations under the Franchise Agreement, particularly if they are located in a state with specific franchise laws. It is important to note that the state addenda are designed to ensure compliance with local regulations and may modify the standard terms of the franchise agreement. Franchisees should consult with legal counsel to fully understand the implications of these addenda for their specific situation.