Under what conditions is the Wisconsin Addendum to the Punch King Fitness Franchise Agreement effective?
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.
WISCONSIN ADDENDUM TO FRANCHISE AGREEMENT
The Franchise Agreement to which this addendum is attached is amended as follows to comply with the Wisconsin Fair Dealership Law:
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
According to the 2024 Punch King Fitness Franchise Disclosure Document, the Wisconsin Addendum to the Franchise Agreement is effective when attached to the Franchise Agreement and serves to amend the agreement to comply with the Wisconsin Fair Dealership Law.
The addendum includes additional disclosures required by the Wisconsin Franchise Investment Law and the Wisconsin Fair Dealership Law. It clarifies that the Wisconsin Fair Dealership Law supersedes any conflicting provisions in the Franchise Agreement. Furthermore, Wisconsin state court decisions may also supersede the franchise relationship, particularly in areas like termination and renewal, and may restrict the imposition of liquidated damages.
The addendum also states that any inconsistencies between it and the Franchise Disclosure Document, the Franchise Agreement, or their exhibits and attachments, the terms of the Addendum will take precedence. This ensures that Wisconsin franchisees are protected by the specific provisions of Wisconsin law, even if they conflict with the standard terms of the Punch King Fitness franchise agreement.
Prospective franchisees in Wisconsin should carefully review the Wisconsin Addendum along with the Franchise Agreement to understand their rights and obligations under Wisconsin law. They should also seek legal counsel to ensure full comprehension of how Wisconsin laws may impact their franchise relationship with Punch King Fitness.