As of what date is the Punch King Fitness Franchise Disclosure Document effective in Wisconsin?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
WISCONSIN ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT
The following additional disclosures are required by the Wisconsin Franchise Investment Law and the Wisconsin Fair Dealership Law:
THE WISCONSIN FAIR DEALERSHIP LAW SUPERSEDES ANY PROVISION OF THE FRANCHISE AGREEMENT THAT IS INCONSISTENT WITH THAT LAW. THE STATE OF WISCONSIN MAY ALSO HAVE COURT DECISIONS, WHICH MAY SUPERSEDE THE FRANCHISE RELATIONSHIP IN RELATIONSHIP WITH THE FRANCHISOR, INCLUDING THE AREAS OF TERMINATION AND RENEWAL OF YOUR FRANCHISE. THE STATE OF WISCONSIN MAY HAVE COURT DECISIONS, WHICH RESTRICT THE IMPOSITION OF LIQUIDATED DAMAGES. THE IMPOSITION OF LIQUIDATED DAMAGES IS ALSO RESTRICTED BY FAIR PRACTICE LAWS, CONTRACT LAW, AND STATE AND FEDERAL COURT DECISIONS. A PROVISION IN THE FRANCHISE AGREEMENT, WHICH TERMINATED THE FRANCHISE UPON THE BANKRUPTCY OF THE FRANCHISEE, MAY NOT BE ENFORCEABLE UNDER TITLE 11, UNITED STATES CODE §101. THE STATE OF WISCONSIN MAY HAVE COURT DECISIONS LIMITING THE FRANCHISOR'S ABILITY TO RESTRICT YOUR ACTIVITY AFTER THE FRANCHISE AGREEMENT HAS ENDED.
We may revoke our approval of any previously approved supplier at any time if the quality of the product or the supplier's financial condition or ability to satisfy your requirements does not continue to meet our satisfaction.
To the extent, this addendum is inconsistent with any terms or conditions of the franchise disclosure document, the Franchise Agreement, or any of their exhibits or attachments, the terms of this Addendum control.
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, there is a Wisconsin addendum included, suggesting that Punch King Fitness is offering franchises in Wisconsin. The addendum indicates that the Wisconsin Fair Dealership Law supersedes any conflicting provisions in the franchise agreement. It also mentions that Wisconsin court decisions may impact the franchise relationship, particularly regarding termination, renewal, and liquidated damages.
The addendum further clarifies that provisions terminating the franchise upon the franchisee's bankruptcy may not be enforceable under federal law. Additionally, Wisconsin court decisions may limit Punch King Fitness's ability to restrict a franchisee's activities after the franchise agreement ends. The document also states that if there are inconsistencies between the addendum and the franchise disclosure document, the Franchise Agreement, or any of their exhibits or attachments, the terms of the Addendum control.
While the addendum confirms that Wisconsin law is relevant to Punch King Fitness franchises, the FDD excerpts do not specify the exact effective date of the Franchise Disclosure Document in Wisconsin. To determine the specific effective date, a prospective franchisee should consult the cover page of the FDD or directly ask Punch King Fitness for confirmation.