Is the Illinois amendment to the Pearce Bespoke Franchise Agreement effective if the jurisdictional requirements of the Act are not met independently?

According to Pearce Bespoke's 2025 Franchise Disclosure Document, the Illinois amendment to the franchise agreement is only effective if the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently, without relying on the amendment itself. This means that for any part of the amendment to be valid, the legal basis for applying Illinois law must exist separately from the fact that the amendment was created.

For a prospective Pearce Bespoke franchisee in Illinois, this condition ensures that the protections and stipulations provided by the Illinois Franchise Disclosure Act are firmly in place. The amendment cannot be used as a self-contained justification for applying Illinois law; there must be an independent reason, based on the circumstances of the franchise relationship, for Illinois law to govern.

This requirement prevents Pearce Bespoke from using the amendment to selectively apply or avoid certain provisions of the Act. It reinforces that the franchisee's rights under Illinois law are not contingent on the amendment's existence but are based on the broader legal framework. This clause aims to protect the franchisee by ensuring a solid legal foundation for their rights and obligations under the franchise agreement within the state of Illinois.