To what extent is each provision of the addendum effective for a Punch King Fitness franchise in Indiana?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
INDIANA ADDENDUM TO FRANCHISE AGREEMENT
The Franchise Agreement to which this addendum is attached is amended as follows to comply with the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Law.
-
- Any provision in the Franchise Agreement that requires the application of the laws of another state or designates jurisdiction or venue in a forum outside the State of Indiana is void with respect to a claim otherwise enforceable under the Indiana Franchise Disclosure Law or the Indiana Deceptive Franchise Practices Law.
-
- In the event of a conflict of laws, the provisions of the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Law shall prevail.
-
- Each provision of this Addendum is effective only to the extent that the jurisdictional requirements of the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices 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.
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
According to the 2024 Punch King Fitness Franchise Disclosure Document, the Indiana Addendum modifies the franchise agreement to comply with Indiana franchise laws. Specifically, any provision in the franchise agreement that requires the application of laws from another state or designates a jurisdiction outside of Indiana is void with respect to claims enforceable under Indiana franchise laws. In case of conflicting laws, the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Law will take precedence.
The addendum states that each of its provisions is effective only to the extent that the jurisdictional requirements of the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Law are independently met. This means that the changes made by the addendum are valid only if they align with what Indiana law already requires, regardless of the addendum itself. If there are inconsistencies between the addendum and the franchise agreement (or its exhibits), the terms of the addendum will govern.
For a prospective Punch King Fitness franchisee in Indiana, this means that certain protections and rights are afforded to them under Indiana law, regardless of what the standard franchise agreement might state. They should pay close attention to the specific provisions of the Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Law, as these will supersede conflicting terms in the franchise agreement. It is advisable to consult with an attorney to fully understand their rights and obligations under Indiana law before signing the franchise agreement.