Does the addendum to the Punch King Fitness Franchise Agreement ratify the original agreement?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Each provision of this Addendum is effective only to the extent that the jurisdictional requirements of the Hawaii Franchise Investment Law are met independently of this addendum. To the extent, this addendum is inconsistent with any term or condition of the Franchise Agreement or its exhibits or attachments, the terms of this Addendum control. Franchisor and Franchisee hereby ratify and affirm the Franchise Agreement in all other respects.
The parties are signing this addendum concurrently with the Franchise Agreement to which it is attached.
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
According to the 2024 Punch King Fitness Franchise Disclosure Document, the Hawaii Addendum to the Franchise Agreement includes a clause that ratifies and affirms the Franchise Agreement in all other respects, aside from the specific amendments within the addendum itself. This ratification occurs concurrently with the signing of the Franchise Agreement and the attached addendum.
This clause is significant for prospective Punch King Fitness franchisees in Hawaii because it confirms that, except for the changes explicitly stated in the addendum to comply with Hawaii law, all other terms and conditions of the original Franchise Agreement remain in full force and effect. This ensures that both the franchisee and franchisor are bound by the original agreement, providing a stable and predictable framework for their relationship.
It is important to note that addenda from other states, such as Indiana and Wisconsin, also state that the terms of the Addendum control to the extent that the addendum is inconsistent with any terms or conditions of the franchise offering circular, the Franchise Agreement, or any of their exhibits or attachments. However, these addenda do not explicitly include a ratification clause like the Hawaii addendum. Franchisees should carefully review all addenda to understand how they modify the original agreement and what aspects of the original agreement remain in effect.