For Potbelly Sandwich Works, what states does this specific Rider to the Franchise Agreement apply to?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
RIDER TO THE POTBELLY FRANCHISING, LLC FRANCHISE AGREEMENT FOR USE IN CALIFORNIA, HAWAII, INDIANA, MICHIGAN, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA AND WISCONSIN
West Madison Street, Suite 1000, , This Rider (the "Rider") is made and entered into as of the day of, 20 (the "Effective Date") (regardless of the dates of the parties' signatures) by and between POTBELLY FRANCHISING, LLC, an Illinois limited liability company with its principal business address at 500 Chicago, Illinois 60661 ("we," "us," or "our"), and whose principal business address is ("you" or "your"). part of the Franchise Agreement. 1. Background. Franchisor and Franchisee are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is Indiana, Michigan, Rhode Island, South Dakota, Virginia or Wisconsin: 2. No Waiver of Disclaimer of Reliance in Certain States. The following provision applies only to franchisees and franchises that are subject to the state franchise disclosure laws in California, Hawaii, No statement, questionnaire or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise. Effective Date stated in the Franchise Agreement. IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the POTBELLY FRANCHISING, LLC, an Illinois limited liability company [Name of Franchisee] [Signature] [Signature] [Print Name] [Print Name] DATED: DATED:
Source: Item 23 — RECEIPTS (FDD pages 79–355)
What This Means (2025 FDD)
According to Potbelly Sandwich Works' 2025 Franchise Disclosure Document, the Rider to the Potbelly Franchising, LLC Franchise Agreement is specifically for use in California, Hawaii, Indiana, Michigan, Rhode Island, South Dakota, Virginia, and Wisconsin. This means that if a prospective franchisee is opening a Potbelly Sandwich Works location in one of these states, this particular rider will be attached to and form part of their franchise agreement.
The rider includes a provision addressing the waiver of disclaimers of reliance in these specific states. It clarifies that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Potbelly Sandwich Works or its representatives. This provision is designed to protect franchisees in these states by ensuring they retain their legal rights and recourse.
This rider supersedes any conflicting terms in other documents related to the franchise agreement, reinforcing its importance for franchisees in the listed states. Prospective franchisees should carefully review this rider with their legal counsel to understand their rights and obligations under the franchise agreement within the context of their specific state's franchise laws.