Can a Zoomin Groomin Franchise Agreement require a franchisee to waive compliance with the Illinois Franchise Disclosure Act?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
As to franchises governed by the Illinois Franchise Disclosure Act, if any of the terms of the Franchise Disclosure Document or Franchise Agreement are inconsistent with the terms below, the terms below control.
- D. In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation, or provision of the Franchise Agreement purporting to bind you to waive compliance with any provision of the Illinois Franchise Disclosure Act or any other law of the State of Illinois is void.
Source: Item 17 — g. of the Disclosure Document is modified to state that, in addition to the grounds for immediate termination specified in Item 17.h., the franchisor can terminate upon written notice and a 60 day opportunity to cure for a breach of the Franchise Agreement. (FDD pages 51–65)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, any attempt to waive compliance with the Illinois Franchise Disclosure Act within a Zoomin Groomin Franchise Agreement is void. Specifically, Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation, or provision in the Franchise Agreement that requires a franchisee to waive compliance with any provision of the Illinois Franchise Disclosure Act or any other law of the State of Illinois is not enforceable. This protection ensures that franchisees operating in Illinois cannot be forced to surrender their legal rights under Illinois franchise law.
This provision is included in the Illinois Addendum to the Disclosure Document, which clarifies that if any terms in the standard Franchise Disclosure Document or Franchise Agreement conflict with Illinois law, the terms outlined in the addendum will take precedence. This ensures that the franchise agreement adheres to Illinois state law, providing franchisees with the full protection of the Illinois Franchise Disclosure Act.
For a prospective Zoomin Groomin franchisee in Illinois, this means that they cannot be compelled to waive their rights or protections under Illinois franchise law. This includes rights related to termination, non-renewal, and other key aspects of the franchise relationship. The franchisee should be aware of this protection and consult with legal counsel to ensure full compliance and understanding of their rights under the Illinois Franchise Disclosure Act.