The BAM Map · https://www.thebammap.com/rights/new-york/ · September 26, 2026 · a guide to public law and BAM Franchising’s own filings; not legal advice
What the law says about a Bricks & Minifigs store in New York.
This copy covers the 2026 edition as amended September 9, the one a buyer receives today. To print the edition you signed under, choose your year on the live page first. Every edition is there.
Registration state
BAM lists 3 open stores in New York and 4 coming soon. Below: the state’s statutes, BAM’s own addendum for New York in each edition of its disclosure document, the conditions on BAM’s registration here, and what the document said in the year you signed.
This is a guide to public law and to BAM’s own filings. It is not legal advice, and nothing here is a finding of law or of any person’s liability. Statutes have deadlines, defenses and definitions that turn on facts this page cannot see: what you signed, when, and what you were told. A franchise lawyer licensed in your state can tell you what reaches you. BAM denies wrongdoing in the litigation described on this site.
Was BAM registered here?
| Edition | Effective in New York per BAM’s Exhibit K |
|---|
| 2017 edition | blank in the filed copy |
| 2018 edition | blank in the filed copy |
| 2019 edition | blank in the filed copy |
| 2020 edition | blank in the filed copy |
| 2021 edition | blank in the filed copy |
| 2022 edition | pending |
| 2023 edition | blank in the filed copy |
| 2024 edition | blank in the filed copy |
| 2025 edition | blank in the filed copy |
| 2026 edition, April 8 | Pending |
| 2026 edition as amended September 9 | July 30, 2026 |
In the copies BAM filed with Minnesota for 2020, 2021, 2023, 2024 and 2025, every date cell in the state effective-dates table is blank; the 2022 copy reads “pending” for every state. The copy a buyer receives carries the dates. Your receipt page and your Exhibit K show yours.
New York requires a franchise to be registered before it is offered or sold. A sale made while no registration was in effect is the first thing the statute below addresses.
Conditions on BAM’s registration here
No fee-deferral or escrow condition appears in BAM’s New York addenda on file.
BAM’s addendum for New York, in its own words
Each edition’s complete addendum text, as filed, is on the live page.
2017 edition (same clauses in 2018)
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon either the Franchisee or the Franchisor by the General Business Law of the State of New York, Article 33.”
2017 edition, New York addendum
Other rights the addendum states.
“The franchisee may terminate the agreement on any grounds available by law.”
2017 edition, New York addendum
“However, no assignment will be made except to any assignee who in the good faith and judgment of the Franchisor is willing and able to assume the Franchisor’s obligations under the Franchise Agreement.”
2017 edition, New York addendum
The whole addendum
The cover page of the Disclosure Document will be supplemented with the following, inserted at the bottom of the cover page:
THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE PROSPECTUS. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS PROSPECTUS.
Add to Item 3 of the Franchise Disclosure Document as follows:
A. Neither we, our predecessors, a person identified in Item 2, nor an affiliate offering franchises under our principal trademark has an administrative, criminal or civil action pending against that person alleging: a felony; a violation of a franchise, antitrust or securities law; fraud, embezzlement, fraudulent conversion, misappropriation of property; unfair or deceptive practices or comparable civil or misdemeanor allegations; or any pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations.
B. Neither we, our predecessors, a person identified in Item 2, nor an affiliate offering franchises under our principal trademark has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the ten-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud or securities law; fraud, embezzlement, fraudulent conversion or misappropriation of property, or unfair or deceptive practices or comparable allegations.
C. Neither we, our predecessor, a person identified in Item 2, nor an affiliate offering franchises under our principal trademark is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a federal, State or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
Add the following language to Item 4 of the Franchise Disclosure Document:
Neither we, our affiliates, predecessors, officers, nor general partner during the ten-year period immediately before the date of the Disclosure Document: (a) filed as debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code; (b) obtained a discharge of its debts under the bankruptcy code; or (c) was a principal officer of a company or a general partner in a partnership that either filed as a debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code or that obtained a discharge of its debts under the U.S. Bankruptcy Code during or within 1 year after the officer or general partner held this position in the company or partnership.
Add at the end of the first paragraph of Item 5 of the Disclosure Document:
The purpose of the initial fee is to pay for the franchisor’s training, sales, legal compliance, salary, and general administrative expenses, and profit.
The first paragraph of Item 17 of the Disclosure Document is modified to read as follows:
THIS TABLE LISTS CERTAIN IMPORTANT PROVISIONS OF THE FRANCHISE AND RELATED AGREEMENTS PERTAINING TO RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION. YOU SHOULD READ THESE PROVISIONS IN THE AGREEMENTS ATTACHED TO THIS DISCLOSURE DOCUMENT.
Add in Item 17d of the Disclosure Document:
The franchisee may terminate the agreement on any grounds available by law.
Add at the end of Item 17j after the sentence “No restriction on our right to assign.” add the following: “However, no assignment will be made except to any assignee who in the good faith and judgment of the Franchisor is willing and able to assume the Franchisor’s obligations under the Franchise Agreement.”
Add in Item 17w of the Disclosure Document and at the end of the provision related to choice of law in Section 25 of the Franchise Agreement:
The foregoing choice of law should not be considered a waiver of any right conferred upon either the Franchisee or the Franchisor by the General Business Law of the State of New York, Article 33.
Add the following Risk Factors in the State Cover Page of the Disclosure Document:
THE FRANCHISEE WILL BE REQUIRED TO MAKE AN ESTIMATED INITIAL INVESTMENT RANGING FROM $108,500 TO $276,400. THE HIGH-END OF THIS ESTIMATE EXCEEDS THE FRANCHISOR’S STOCKHOLDERS EQUITY AS OF DECEMBER 31, 2016, WHICH IS $169,072.
YOU MUST MAKE MINIMUM ROYALTY AND SYSTEM ADVERTISING PAYMENTS, REGARDLESS OF YOUR SALES LEVELS. YOUR INABILITY TO MAKE THE PAYMENTS MAY RESULT IN TERMINATION OF YOUR FRANCHISE AND LOSS OF YOUR INVESTMENT.
Complete text of the New York addendum, 2017 edition
2018 edition (same clauses as 2017)
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon either the Franchisee or the Franchisor by the General Business Law of the State of New York, Article 33.”
2018 edition, New York addendum
Other rights the addendum states.
“The franchisee may terminate the agreement on any grounds available by law.”
2018 edition, New York addendum
“However, no assignment will be made except to any assignee who in the good faith and judgment of the Franchisor is willing and able to assume the Franchisor’s obligations under the Franchise Agreement.”
2018 edition, New York addendum
The whole addendum
The cover page of the Disclosure Document will be supplemented with the following, inserted at the bottom of the cover page:
THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE PROSPECTUS. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS PROSPECTUS.
Add to Item 3 of the Franchise Disclosure Document as follows: A. Neither we, our predecessors, a person identified in Item 2, nor an affiliate offering franchises under our principal trademark has an administrative, criminal or civil action pending against that person alleging: a felony; a violation of a franchise, antitrust or securities law; fraud, embezzlement, fraudulent conversion, misappropriation of property; unfair or deceptive practices or comparable civil or misdemeanor allegations; or any pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations.
B. Neither we, our predecessors, a person identified in Item 2, nor an affiliate offering franchises under our principal trademark has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the ten-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud or securities law; fraud, embezzlement, fraudulent conversion or misappropriation of property, or unfair or deceptive practices or comparable allegations.
C. Neither we, our predecessor, a person identified in Item 2, nor an affiliate offering franchises under our principal trademark is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a federal, State or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
Add the following language to Item 4 of the Franchise Disclosure Document:
Neither we, our affiliates, predecessors, officers, nor general partner during the ten-year period immediately before the date of the Disclosure Document: (a) filed as debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code; (b) obtained a discharge of its debts under the bankruptcy code; or (c) was a principal officer of a company or a general partner in a partnership that either filed as a debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code or that obtained a discharge of its debts under the U.S. Bankruptcy Code during or within 1 year after the officer or general partner held this position in the company or partnership.
Add at the end of the first paragraph of Item 5 of the Disclosure Document:
The purpose of the initial fee is to pay for the franchisor’s training, sales, legal compliance, salary, and general administrative expenses, and profit.
The first paragraph of Item 17 of the Disclosure Document is modified to read as follows:
THIS TABLE LISTS CERTAIN IMPORTANT PROVISIONS OF THE FRANCHISE AND RELATED AGREEMENTS PERTAINING TO RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION. YOU SHOULD READ THESE PROVISIONS IN THE AGREEMENTS ATTACHED TO THIS DISCLOSURE DOCUMENT.
Add in Item 17d of the Disclosure Document:
The franchisee may terminate the agreement on any grounds available by law.
Add at the end of Item 17j after the sentence “No restriction on our right to assign.” add the following: “However, no assignment will be made except to any assignee who in the good faith and judgment of the Franchisor is willing and able to assume the Franchisor’s obligations under the Franchise Agreement.”
Add in Item 17w of the Disclosure Document and at the end of the provision related to choice of law in Section 25 of the Franchise Agreement:
The foregoing choice of law should not be considered a waiver of any right conferred upon either the Franchisee or the Franchisor by the General Business Law of the State of New York, Article 33.
Add the following Risk Factors in the State Cover Page of the Disclosure Document:
THE FRANCHISEE WILL BE REQUIRED TO MAKE AN ESTIMATED INITIAL INVESTMENT RANGING FROM $108,500 TO $276,400. THE HIGH-END OF THIS ESTIMATE EXCEEDS THE FRANCHISOR’S STOCKHOLDERS EQUITY AS OF DECEMBER 31, 2017, WHICH IS $156,412.
YOU MUST MAKE MINIMUM ROYALTY AND SYSTEM ADVERTISING PAYMENTS, REGARDLESS OF YOUR SALES LEVELS. YOUR INABILITY TO MAKE THE PAYMENTS MAY RESULT IN TERMINATION OF YOUR FRANCHISE AND LOSS OF YOUR INVESTMENT.
Complete text of the New York addendum, 2018 edition
2019 edition
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon either the Franchisee or the Franchisor by the General Business Law of the State of New York, Article 33.”
2019 edition, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2019 edition, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2019 edition, New York addendum
“However, no assignment will be made except to any assignee who in the good faith and judgment of the Franchisor, is willing and able to assume the Franchisor’s obligations under the Franchise Agreement.”
2019 edition, New York addendum
The whole addendum
1. The cover page of the Disclosure Document will be supplemented with the following, inserted at the bottom of the cover page:
INFORMATION COMPARING FRANCHISORS IS AVAILABLE. CALL THE STATE ADMINISTRATORS LISTED IN EXHIBIT A OR YOUR PUBLIC LIBRARY FOR SOURCES OF INFORMATION. REGISTRATION OF THIS FRANCHISE BY NEW YORK STATE DOES NOT MEAN THAT NEW YORK STATE RECOMMENDS IT OR HAS VERIFIED THE INFORMATION IN THIS FRANCHISE DISCLOSURE DOCUMENT. IF YOU LEARN THAT ANYTHING IN THE FRANCHISE DISCLOSURE DOCUMENT IS UNTRUE, CONTACT THE FEDERAL TRADE COMMISSION AND NEW YORK STATE DEPARTMENT OF LAW, BUREAU OF INVESTOR PROTECTION AND SECURITIES, 120 BROADWAY, 23RD FLOOR, NEW YORK, NEW YORK 10271. THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT.
2. Add to Item 3 of the Franchise Disclosure Document as follows:
Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor’s principal trademark:
A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony; a violation of a franchise, antitrust or securities law; fraud, embezzlement, fraudulent conversion, misappropriation of property; unfair or deceptive practices or comparable civil or misdemeanor allegations; or any pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations.
B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations.
C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the ten-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud or securities law; fraud, embezzlement, fraudulent conversion or misappropriation of property, or unfair or deceptive practices or comparable allegations.
D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a federal, State or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
3. Add the following language to Item 4 of the Franchise Disclosure Document:
Neither we, our affiliates, predecessors, officers, nor general partner during the ten-year period immediately before the date of the Disclosure Document: (a) filed as debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code; (b) obtained a discharge of its debts under the bankruptcy code; or (c) was a principal officer of a company or a general partner in a partnership that either filed as a debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code or that obtained a discharge of its debts under the U.S. Bankruptcy Code during or within 1 year after the officer or general partner held this position in the company or partnership.
4. Add at the end of the first paragraph of Item 5 of the Disclosure Document:
The initial franchise fee constitutes part of our general operating funds and will be used as such in our discretion.
5. The following is added to the end of the “Summary” sections of Item 17(c), titled “Requirements for franchisee to renew or extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”:
However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.
6. The following language replaces the “Summary” section of Item 17(d), titled “Termination by franchisee”:
You may terminate the agreement on any grounds available by law.
7. Add at the end of the “Summary” section of Item 17j, titled “Assignment of contract by franchisor”:
However, no assignment will be made except to any assignee who in the good faith and judgment of the Franchisor, is willing and able to assume the Franchisor’s obligations under the Franchise Agreement.
8. Add at the end of the “Summary” sections of Item 17v, titled “Choice of forum”, and Item 17w, titled “Choice of law”, of the Disclosure Document and at the end of the provision related to choice of law in Section 25 of the Franchise Agreement:
The foregoing choice of law should not be considered a waiver of any right conferred upon either the Franchisee or the Franchisor by the General Business Law of the State of New York, Article 33.
9. Add the following Risk Factors in the State Cover Page of the Disclosure Document:
THE FRANCHISEE WILL BE REQUIRED TO MAKE AN ESTIMATED INITIAL INVESTMENT RANGING FROM $108,500 TO $276,400. THE HIGH-END OF THIS ESTIMATE EXCEEDS THE FRANCHISOR’S STOCKHOLDERS EQUITY AS OF DECEMBER 31, 2018, WHICH IS $121,860.
YOU MUST MAKE MINIMUM ROYALTY, ADVERTISING, AND OTHER PAYMENTS, REGARDLESS OF YOUR SALES LEVELS. YOUR INABILITY TO MAKE THE PAYMENTS MAY RESULT IN TERMINATION OF YOUR FRANCHISE AND LOSS OF YOUR INVESTMENT.
2020 edition
Where you can sue, and under whose law.
“The foregoing choice oflaw should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 ofthe General Business Law ofthe State ofNew York.”
2020 edition, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 ofthe General Business Law ofthe State of New York and the regulations issued thereunder shall remain in force; it being the intent ofthis proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2020 edition, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2020 edition, New York addendum
The whole addendum
1. The following information is added to the cover page ofthe Franchise Disclosure Document:
THE FRANCHISOR MAY,IF IT CHOOSES,NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT.HOWEVER,THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT.
2. The following is added at the end ofItem 3:
Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor's principal trademark:
A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations.
B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context ofthe number of franchisees and the size, nature or financial condition ofthe franchise system or its business operations. C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations.
D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law,resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result ofan action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
3. The following is added to the end ofthe "Summary" sections ofItem 17(c), titled "Requirements for franchisee to renew or extend," and Item 17(m), entitled "Conditions for franchisor approval of transfer":
However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 ofthe General Business Law ofthe State of New York and the regulations issued thereunder shall remain in force; it being the intent ofthis proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.
4. The following language replaces the "Summary" section ofItem 17(d), titled "Termination by franchisee":
You may terminate the agreement on any grounds available by law.
5. The following is added to the end ofthe "Summary" sections ofItem 17(v), titled "Choice offorum", and Item 17(w), titled "Choice of law":
The foregoing choice oflaw should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 ofthe General Business Law ofthe State ofNew York.
2021 edition
Where you can sue, and under whose law.
“The foregoing choice oflaw should not be considered a waiver ofany right conferred upon the franchisor or upon the franchisee by Article 33 ofthe General Business Law ofthe State of New York.”
2021 edition, New York addendum
General releases.
“However,to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 ofthe General Business Law ofthe State ofNew York and the regulations issued thereunder shall remain in force; it being the intent ofthis proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2021 edition, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2021 edition, New York addendum
The whole addendum
1. The following information is added to the cover page ofthe Franchise Disclosure Document:
THE FRANCHISOR MAY,IF IT CHOOSES,NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT.HOWEVER,THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT.
3. The following is added at the end ofItem 3:
Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor's principal trademark:
A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation ofa franchise, antitrust, or securities law,fraud, embezzlement,fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations.
B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context ofthe number of franchisees and the size, nature or financial condition ofthe franchise system or its business operations.
C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations.
D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law,resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department,including, without limitation, actions affecting a license as a real estate broker or sales agent.
3. The following is added to the end ofthe "Summary" sections ofItem 17(c), titled "Requirements for franchisee to renew or extend," and Item 17(m), entitled "Conditions for franchisor approval of transfer":
However,to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 ofthe General Business Law ofthe State ofNew York and the regulations issued thereunder shall remain in force; it being the intent ofthis proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.
4. The following language replaces the "Summary" section ofItem 17(d), titled "Termination by franchisee":
You may terminate the agreement on any grounds available by law.
5. The following is added to the end ofthe "Summary" sections ofItem 17(v), titled "Choice offorum", and Item 17(w), titled "Choice of law":
The foregoing choice oflaw should not be considered a waiver ofany right conferred upon the franchisor or upon the franchisee by Article 33 ofthe General Business Law ofthe State of New York.
2022 edition (same clauses in 2023, 2024, 2025 and April 2026)
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.”
2022 edition, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2022 edition, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2022 edition, New York addendum
The whole addendum
1. The following information is added to the cover page of the Franchise Disclosure Document:
THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT.
5. The following is added at the end of Item 3:
Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor’s principal trademark:
A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations.
B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations.
C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations.
D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
3. The following is added to the end of the “Summary” sections of Item 17(c), titled “Requirements for franchisee to renew or extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”:
However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.
4. The following language replaces the “Summary” section of Item 17(d), titled “Termination by franchisee”:
You may terminate the agreement on any grounds available by law.
5. The following is added to the end of the “Summary” sections of Item 17(v), titled “Choice of forum”, and Item 17(w), titled “Choice of law”:
The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
2023 edition (same clauses as 2022)
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.”
2023 edition, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2023 edition, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2023 edition, New York addendum
The whole addendum
1. The following information is added to the cover page of the Franchise Disclosure Document: THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT. 2. The following is added at the end of Item 3: Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor’s principal trademark: A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations. B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations. C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations. D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent. 3. The following is added to the end of the “Summary” sections of Item 17(c), titled “Requirements for franchisee to renew or extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”: However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied. 4. The following language replaces the “Summary” section of Item 17(d), titled “Termination by franchisee”: You may terminate the agreement on any grounds available by law. 5. The following is added to the end of the “Summary” sections of Item 17(v), titled “Choice of forum”, and Item 17(w), titled “Choice of law”: The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
2024 edition (same clauses as 2022)
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.”
2024 edition, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2024 edition, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2024 edition, New York addendum
The whole addendum
1. The following information is added to the cover page of the Franchise Disclosure Document: THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT. 2. The following is added at the end of Item 3: Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor’s principal trademark: A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations. B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations. C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations. D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent. 3. The following is added to the end of the “Summary” sections of Item 17(c), titled “Requirements for franchisee to renew or extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”: However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied. 4. The following language replaces the “Summary” section of Item 17(d), titled “Termination by franchisee”: You may terminate the agreement on any grounds available by law. 5. The following is added to the end of the “Summary” sections of Item 17(v), titled “Choice of forum”, and Item 17(w), titled “Choice of law”: The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
2025 edition (same clauses as 2022)
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.”
2025 edition, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2025 edition, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2025 edition, New York addendum
The whole addendum
1. The following information is added to the cover page of the Franchise Disclosure Document: THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT. 2. The following is added at the end of Item 3: Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor’s principal trademark:
A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations. B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations. C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations. D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent. 3. The following is added to the end of the “Summary” sections of Item 17(c), titled “Requirements for franchisee to renew or extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”: However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied. 4. The following language replaces the “Summary” section of Item 17(d), titled “Termination by franchisee”: You may terminate the agreement on any grounds available by law. 5. The following is added to the end of the “Summary” sections of Item 17(v), titled “Choice of forum”, and Item 17(w), titled “Choice of law”: The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
2026 edition, April 8 (same clauses as 2022)
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.”
2026 edition, April 8, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied.”
2026 edition, April 8, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2026 edition, April 8, New York addendum
The whole addendum
1. The following information is added to the cover page of the Franchise Disclosure Document: THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS WHICH ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT. 2. The following is added at the end of Item 3: Except as provided above, with regard to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor’s principal trademark: A. No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations. B. No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations. C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10-year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations. D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent. 3. The following is added to the end of the “Summary” sections of Item 17(c), titled “Requirements for franchisee to renew or extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”: However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this proviso that the non-waiver provisions of General Business Law Sections 687.4 and 687.5 be satisfied. 4. The following language replaces the “Summary” section of Item 17(d), titled “Termination by franchisee”: You may terminate the agreement on any grounds available by law. 5. The following is added to the end of the “Summary” sections of Item 17(v), titled “Choice of forum”, and Item 17(w), titled “Choice of law”: The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
2026 edition as amended September 9
Where you can sue, and under whose law.
“The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York.”
2026 edition as amended September 9, New York addendum
General releases.
“However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; this proviso intends that the non waiver provisions of General Business Law Sections 687(4) and 687(5) be satisfied.”
2026 edition as amended September 9, New York addendum
Other rights the addendum states.
“You may terminate the agreement on any grounds available by law.”
2026 edition as amended September 9, New York addendum
“New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting, ten (10) business days before the execution of the franchise or other agreement, or the payment of any consideration that relates to the franchise relationship.”
2026 edition as amended September 9, New York addendum
“Franchise Questionnaires and Acknowledgements--No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.”
2026 edition as amended September 9, New York addendum
The whole addendum
1. The following information is added to the cover page of the Franchise Disclosure Document:
INFORMATION COMPARING FRANCHISORS IS AVAILABLE. CALL THE STATE ADMINISTRATORS LISTED IN EXHIBIT A OR YOUR PUBLIC LIBRARY FOR RESOURCES OR INFORMATION. REGISTRATION OF THIS FRANCHISE BY NEW YORK STATE DOES NOT MEAN THAT NEW YORK STATE RECOMMENDS IT OR HAS VERIFIED THE INFORMATION IN THIS FRANCHISE DISCLOSURE DOCUMENT. IF YOU LEARN ANYTHING IN THIS FRANCHISE DISCLOSURE DOCUMENT IS UNTRUE, CONTACT THE FEDERAL TRADE COMMISSION AND THE APPROPRIATE STATE OR PROVINCIAL AUTHORITY. THE FRANCHISOR MAY, IF IT CHOOSES, NEGOTIATE WITH YOU ABOUT ITEMS COVERED IN THE FRANCHISE DISCLOSURE DOCUMENT. HOWEVER, THE FRANCHISOR CANNOT USE THE NEGOTIATING PROCESS TO PREVAIL UPON A PROSPECTIVE FRANCHISEE TO ACCEPT TERMS THAT ARE LESS FAVORABLE THAN THOSE SET FORTH IN THIS FRANCHISE DISCLOSURE DOCUMENT.
2. The following is to be added at the end of Item 3:
Except as provided above, the following applies to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor’s principal trademark:
A. No such party has an administrative, criminal, or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations.
B. No such party has pending actions other than routine litigation incidental to the business that is significant in the context of the number of franchisees and the size, nature, or financial condition of the franchise system or its business operations.
C. No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the ten years immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations.
D. No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation, or trade practice law resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
3. The following is added to the end of the “Summary” sections of Item 17(c), titled “Requirements for a franchisee to renew or extend,” and Item 17(m), entitled “Conditions for franchisor approval of transfer”:
However, to the extent required by applicable law, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; this proviso intends that the non waiver provisions of General Business Law Sections 687(4) and 687(5) be satisfied.
4. The following language replaces the “Summary” section of Item 17(d), titled “Termination by a franchisee”: “You may terminate the agreement on any grounds available by law.”
5. The following is added to the end of the “Summary” sections of Item 17(v), titled “Choice of forum,” and Item 17(w), titled “Choice of law”:
The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or the franchisee by Article 33 of the General Business Law of the State of New York.
6. Franchise Questionnaires and Acknowledgements--No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
7. Receipts--Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the Rev. April 2, 2024 time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting, ten (10) business days before the execution of the franchise or other agreement, or the payment of any consideration that relates to the franchise relationship.
The statutes
New York Franchise Sales Act (General Business Law Article 33, sections 680 to 695).
“It shall be unlawful and prohibited for any person to offer to sell or sell in this state any franchise unless and until there shall have been registered with the department of law, prior to such offer or sale, a written statement to be known as an "offering prospectus" concerning the contemplated offer or sale, which shall contain the information and representations set forth in and required by this section. Any uniform disclosure document approved for use by any agency of the federal government or sister state may be utilized and sought to be registered, provided that said uniform disclosure documents comply with the provisions of this article.”
N.Y. Gen. Bus. Law 683(1), offering prospectus must be registered before offer or sale.
Official text“No offer, advertisement, or sale of such a franchise shall be made in or from the state of New York until the department has issued to the franchisor or other offeror a letter stating that the offering prospectus sought to be registered has been accepted for filing and filed.”
N.Y. Gen. Bus. Law 683(7), no offer or sale until the department's acceptance letter issues.
Official text“It is unlawful for any person to make any untrue statement of a material fact in any application, notice, statement, prospectus or report filed with the department under this article, or wilfully to omit to state in any such application, notice, statement, prospectus or report any material fact which is required to be stated therein, or to fail to notify the department of any material change as required by this article.”
N.Y. Gen. Bus. Law 687(1), untrue statements in filings and failure to report material changes.
Official text“It is unlawful for a person, in connection with the offer, sale or purchase of any franchise, to directly or indirectly: (a) Employ any device, scheme, or artifice to defraud. (b) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading. It is an affirmative defense to one accused of omitting to state such a material fact that said omission was not an intentional act. (c) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.”
N.Y. Gen. Bus. Law 687(2), fraudulent practices in the offer or sale.
Official text“Any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of this law, or rule promulgated hereunder, shall be void. 5. It is unlawful to require a franchisee to assent to a release, assignment, novation, waiver or estoppel which would relieve a person from any duty or liability imposed by this article.”
N.Y. Gen. Bus. Law 687(4) and (5), waivers void; releases relieving liability unlawful.
Official text“A person who offers or sells a franchise in violation of section six hundred eighty-three, six hundred eighty-four or six hundred eighty-seven of this article is liable to the person purchasing the franchise for damages and, if such violation is willful and material, for rescission, with interest at six percent per year from the date of purchase, and reasonable attorney fees and court costs.”
N.Y. Gen. Bus. Law 691(1), civil remedies: damages, rescission for willful and material violations, interest, attorney fees.
Official text“A person who directly or indirectly controls a person liable under this article, a partner in a firm so liable, a principal executive officer or director of a corporation so liable, a person occupying a similar status or performing similar functions, and an employee of a person so liable, who materially aids in the act of transaction constituting the violation, is also liable jointly and severally with and to the same extent as the controlled person, partnership, corporation or employer. It shall be a defense to any action based upon such liability that the defendant did not know or could not have known by the exercise of due diligence the facts upon which the action is predicated.”
N.Y. Gen. Bus. Law 691(3), joint and several liability of control persons, officers and employees.
Official text“An action shall not be maintained to enforce a liability created under this section unless brought before the expiration of three years after the act or transaction constituting the violation.”
The federal Franchise Rule, 16 CFR Part 436. It has no private right of action of its own; it sets what BAM had to disclose and when, and every state statute above measures the document against it.
“In connection with the offer or sale of a franchise to be located in the United States of America or its territories, unless the transaction is exempted under subpart E of this part, it is an unfair or deceptive act or practice in violation of Section 5 of the Federal Trade Commission Act: (a) For any franchisor to fail to furnish a prospective franchisee with a copy of the franchisor's current disclosure document, as described in subparts C and D of this part, at least 14 calendar-days before the prospective franchisee signs a binding agreement with, or makes any payment to, the franchisor or an affiliate in connection with the proposed franchise sale. (b) For any franchisor to alter unilaterally and materially the terms and conditions of the basic franchise agreement or any related agreements attached to the disclosure document without furnishing the prospective franchisee with a copy of each revised agreement at least seven calendar-days before the prospective franchisee signs the revised agreement. Changes to an agreement that arise out of negotiations initiated by the prospective franchisee do not trigger this seven calendar-day period.”
16 CFR 436.2(a) and (b), disclosure document 14 calendar days before signing or payment; revised agreements seven days before signing.
Official text“(v) Whether the franchisee must participate in any other advertising fund. If so, state: (A) Who contributes to the fund. (B) How much the franchisee must contribute to the fund and whether other franchisees must contribute a different amount or at a different rate. (C) Whether the franchisor-owned outlets must contribute to the fund and, if so, whether it is on the same basis as franchisees. (D) Who administers the fund. (E) Whether the fund is audited and when it is audited. (F) Whether financial statements of the fund are available for review by the franchisee. (G) How the funds were used in the most recently concluded fiscal year, including the percentages spent on production, media placement, administrative expenses, and a description of any other use.”
16 CFR 436.5(k)(4)(v), Item 11: advertising fund disclosures (who contributes, who administers, audit, financial statements, how the funds were used).
Official text“(vi) If not all advertising funds are spent in the fiscal year in which they accrue, how the franchisor uses the remaining amount, including whether franchisees receive a periodic accounting of how advertising fees are spent. (vii) The percentage of advertising funds, if any, that the franchisor uses principally to solicit new franchise sales.”
16 CFR 436.5(k)(4)(vi) and (vii), Item 11: unspent advertising funds and funds used to solicit franchise sales.
Official text“(8) Disclose, to the extent known, the name, address, telephone number, email address, and Web address (to the extent known) of each trademark-specific franchisee organization associated with the franchise system being offered, if such organization: (i) Has been created, sponsored, or endorsed by the franchisor. If so, state the relationship between the organization and the franchisor (for example, the organization was created by the franchisor, sponsored by the franchisor, or endorsed by the franchisor). (ii) Is incorporated or otherwise organized under state law and asks the franchisor to be included in the franchisor's disclosure document during the next fiscal year. Such organizations must renew their request on an annual basis by submitting a request no later than 60 days after the close of the franchisor's fiscal year. The franchisor has no obligation to verify the organization's continued existence at the end of each fiscal year. Franchisors may also include the following statement: “The following independent franchisee organizations have asked to be included in this disclosure document.””
16 CFR 436.5(t)(8), Item 20: listing of trademark specific franchisee organizations, including independent associations that ask to be included.
Official text“It is an unfair or deceptive act or practice in violation of Section 5 of the Federal Trade Commission Act for any franchise seller covered by part 436 to: (a) Make any claim or representation, orally, visually, or in writing, that contradicts the information required to be disclosed by this part. [...] (c) Disseminate any financial performance representations to prospective franchisees unless the franchisor has a reasonable basis and written substantiation for the representation at the time the representation is made, and the representation is included in Item 19 (§ 436.5(s)) of the franchisor's disclosure document. In conjunction with any such financial performance representation, the franchise seller shall also: (1) Disclose the information required by § 436.5(s)(3)(ii)(B) and (E) of this part if the representation relates to the past performance of the franchisor's outlets. (2) Include a clear and conspicuous admonition that a new franchisee's individual financial results may differ from the result stated in the financial performance representation. [...] (h) Disclaim or require a prospective franchisee to waive reliance on any representation made in the disclosure document or in its exhibits or amendments. Provided, however, that this provision is not intended to prevent a prospective franchisee from voluntarily waiving specific contract terms and conditions set forth in his or her disclosure document during the course of franchise sale negotiations.”
16 CFR 436.9(a), (c) and (h), additional prohibitions: contradicting the disclosure document; unsubstantiated financial performance representations; reliance disclaimers.
Official textWhat the document said, by edition
Each line is on this site with its record. The edition you received is on your receipt page.
2023 edition: 1 documented statement
Item 10. “We do not provide direct or indirect financing and do not assist in providing financing for you. We do not guarantee any notes or financial obligations.”
The recordBAM Franchising is the named lender on a $45,000 promissory note signed February 5, 2023 by the buyers of the Salem store, and its own audited statements carry the note. The financing assistance that does not exist
2024 edition: 3 documented statements
Item 10. “We do not provide direct or indirect financing and do not assist in providing financing for you.”
The recordBAM is the named lender on a $45,000 store-acquisition note dated February 5, 2023; its 2026 balance sheet carries a loan to the Peoria store. The financing assistance that does not exist
Item 3. No litigation to disclose.
The recordPlastic Palette LLC and Christina Cooper v. BAM Franchising, Clackamas County 24CV06902, was filed February 7, 2024, pleading $1,450,000, before this edition issued. It has never appeared in Item 3. The Canby store and the Cooper suit
Item 21. Audited and interim statements as attached.
The recordMinnesota’s examiner wrote on June 3, 2024 that the years in Item 21 did not match the balance sheet, and imposed a financial condition on the registration because of the ratio of current assets to current liabilities. The June 3, 2024 deficiency notice
2025 edition: 6 documented statements
Item 10. “We do not provide direct or indirect financing.”
The recordThe $45,000 note of February 2023 on which BAM is lender. The financing assistance that does not exist
Item 3. No litigation to disclose.
The recordCooper, 24CV06902, pending since February 2024, omitted. The September amendment, sentence by sentence
Item 20. Zero Oregon outlets reacquired from franchisees in 2024.
The recordBAM’s own verified complaint pleads that it repossessed the Keizer store on November 14, 2024 and sold it in early 2025 to its own recruiter and inspector. BAM’s own words, the ledger
Item 1 and Item 2. No parents to disclose; the chief financial officer serves “the Franchisor and the Franchisor’s Parent.”
The recordThe same document denies a parent and names one. The disclosure, edition by edition
Item 2. “He has been co-owner of Kragle, LLC, our franchisee in Orem, Utah, since June 2017.”
The recordBAM bought the Orem store from Kragle, the McNeff family company, in December 2024. The sentence stayed. BAM bought the Orem store from the McNeffs
Item 21, Note 5. A $140,000 note at 6 percent “requires monthly principal and interest payments of $9,305 from January 2024.”
The recordThe payment figure is copied from the Block Party Bricks note above it; the schedule shows all $140,000 unpaid at the end of 2024. BAM bought the Orem store from the McNeffs
2026 edition, April 8: 9 documented statements
Item 3. “Other than these actions, no litigation is required to be disclosed in this Item.”
The recordCooper, 24CV06902, $1,450,000, pending since February 2024, omitted. The Salem franchisees’ suit followed on April 16 and the case against Reckless Ben on May 27; the amendment came September 9. The September amendment, sentence by sentence
Item 13. “We have registrations for the following marks.”
The recordOn June 30, 2026 BAM assigned the entire interest in all thirteen marks and applications to BAM IP Holdings, LLC, recorded July 8. No amendment to Item 13 followed. The September amendment, sentence by sentence
Item 21. Unaudited interim financials “dated April 8, 2026” attached.
The recordThe interim attached was a management report for the quarter ended March 31, 2025, prepared April 8, 2025. The September amendment, sentence by sentence
Item 20. Outlet tables as stated.
The recordThe Keizer takeover and resale show no reacquisition and no sale to a franchisee; the Wesley Chapel store is listed twice and its operating corporation never. Wesley Chapel and the warrant
Hawaii addendum. “This registration is currently effective in California and Washington.”
The recordExhibit K of the same document lists California as “Pending”; California’s regulator shows nothing filed in 2026. The September amendment, sentence by sentence
Item 1. “We have one affiliate, Bricks by the Box, LLC.”
The recordItem 20 counts a subfranchisor in Labrador and the balance sheet carries a Canada investment; the audited notes call the affiliate a Virginia company and Item 1 a Utah one. BAM’s own words, the ledger
Item 2. “Kragle, LLC, our franchisee in Orem, Utah.”
The recordBought by BAM in December 2024. BAM bought the Orem store from the McNeffs
Item 11. “The franchise spent all of the advertising funds collected.”
The recordThe table under the sentence shows money left over, and the sentence repeats a 2022 figure. The fund
Item 10. “We do not provide direct or indirect financing.”
The recordThe $45,000 note on which BAM is lender. The financing assistance that does not exist
2026 edition as amended September 9: 5 documented statements
Item 3. “As of August 31, 2026, BAM has settled claims against Co-Defendant, Bryan Mansell and acquired … a permanent injunction against Mr. Mansell.”
The recordNo court has entered a permanent injunction against Bryan Mansell. The injunction on the docket is the preliminary one of July 7. The September amendment, sentence by sentence
Item 3. Cooper, 24CV06902, still omitted.
The recordA $1,450,000 suit pending since February 2024, stayed since May 2024. The September amendment, sentence by sentence
Item 13. “We have registrations for the following marks.”
The recordAll thirteen marks were assigned to BAM IP Holdings, LLC on June 30, 2026. The September amendment, sentence by sentence
Item 2. “Kragle, LLC, our franchisee in Orem, Utah.”
The recordBought by BAM in December 2024; certified again September 9, 2026. BAM bought the Orem store from the McNeffs
Item 20. The Utah company-owned outlet, 2024: none reacquired.
The recordBAM bought the store from its officers’ company that December and the table recorded nothing. BAM bought the Orem store from the McNeffs
The term, the venue clause and the cover-page warnings, by edition
BAM’s own Item 17 and state cover page, as filed. Your state addendum above may override the venue clause.
2017 edition
Term and renewal.
“Equal to the initial term of your Franchise Premises lease (but not less than 5 years or more than 10 years).
If you meet certain requirements, then you may renew for successive periods that match each renewal term of your lease for the Franchise Premises (but not less than 5 years or more than 10 years for each renewal period).”
Item 17, 2017 edition
Venue and governing law.
“Litigation in Clackamas County State of Oregon (subject to state law).
State of Oregon laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2017 edition
Arbitration.
“Arbitration and mediation in Clackamas County, State of Oregon (subject to State law).”
Item 17, 2017 edition
“1) THE FRANCHISE AGREEMENT PERMITS YOU TO MEDIATE AND ARBITRATE ONLY IN OREGON. OUT OF STATE MEDIATION AND ARBITRATION MAY FORCE YOU TO ACCEPT A LESS FAVORABLE SETTLEMENT FOR DISPUTES. IT MAY ALSO COST MORE TO MEDIATE AND ARBITRATE WITH BAM FRANCHISING, INC. IN OREGON THAN IN YOUR HOME STATE.”
State cover page, 2017 edition
“2) THE FRANCHISE AGREEMENT STATES THAT OREGON LAW GOVERNS THE AGREEMENT, AND THIS LAW MAY NOT PROVIDE THE SAME PROTECTIONS AND BENEFITS AS LAWS IN YOUR STATE. YOU MAY WANT TO COMPARE THESE LAWS.”
State cover page, 2017 edition
“3) THE TERRITORY IS NOT EXCLUSIVE. YOU MAY FACE COMPETITION FROM OTHER FRANCHISEES, FROM FRANCHISOR-OWNED OUTLETS, OR FROM OTHER CHANNELS OF DISTRIBUTION, OR COMPETITIVE BRANDS THAT WE CONTROL. HOWEVER, EXCEPT AS PROVIDED IN THIS DISCLOSURE DOCUMENT, WHILE THE FRANCHISE AGREEMENT IS IN FORCE AND YOU ARE NOT IN DEFAULT OF ANY MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT, WE WILL NOT ESTABLISH OR LICENSE TO OTHERS THE RIGHT TO ESTABLISH A BRICKS & MINIFIGS® FRANCHISE WITHIN YOUR TERRITORY.”
State cover page, 2017 edition
“4) THERE MAY BE OTHER RISKS CONCERNING THIS FRANCHISE.”
State cover page, 2017 edition
2018 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Franchise Premises lease (but not less than 5 years or more than 7 years). The initial term is 5 years if you own the Franchise Premises.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Franchise Premises (but not less than 5 years or more than 7 years). Each renewal term is 5 years if you own the Franchise Premises.”
Item 17, 2018 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2018 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2018 edition
“1) THE FRANCHISE AGREEMENT PERMITS YOU TO MEDIATE AND ARBITRATE ONLY IN UTAH. OUT OF STATE MEDIATION AND ARBITRATION MAY FORCE YOU TO ACCEPT A LESS FAVORABLE SETTLEMENT FOR DISPUTES. IT MAY ALSO COST MORE TO MEDIATE AND ARBITRATE WITH BAM FRANCHISING, INC. IN UTAH THAN IN YOUR HOME STATE.”
State cover page, 2018 edition
“2) THE FRANCHISE AGREEMENT STATES THAT UTAH LAW GOVERNS THE AGREEMENT, AND THIS LAW MAY NOT PROVIDE THE SAME PROTECTIONS AND BENEFITS AS LAWS IN YOUR STATE. YOU MAY WANT TO COMPARE THESE LAWS.”
State cover page, 2018 edition
“3) THE TERRITORY IS NOT EXCLUSIVE. YOU MAY FACE COMPETITION FROM OTHER FRANCHISEES, FROM FRANCHISOR-OWNED OUTLETS, OR FROM OTHER CHANNELS OF DISTRIBUTION, OR COMPETITIVE BRANDS THAT WE CONTROL. HOWEVER, EXCEPT AS PROVIDED IN THIS DISCLOSURE DOCUMENT, WHILE THE FRANCHISE AGREEMENT IS IN FORCE AND YOU ARE NOT IN DEFAULT OF ANY MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT, WE WILL NOT ESTABLISH OR LICENSE TO OTHERS THE RIGHT TO ESTABLISH A BRICKS & MINIFIGS® FRANCHISE WITHIN YOUR TERRITORY.”
State cover page, 2018 edition
“4) THERE MAY BE OTHER RISKS CONCERNING THIS FRANCHISE.”
State cover page, 2018 edition
2019 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 5 years or more than 7 years). The initial term is 5 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 5 years or more than 7 years). Each renewal term is 5 years if you own the Accepted Location.”
Item 17, 2019 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2019 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2019 edition
“1) THE FRANCHISE AGREEMENT PERMITS YOU TO MEDIATE AND ARBITRATE ONLY IN UTAH. OUT OF STATE MEDIATION AND ARBITRATION MAY FORCE YOU TO ACCEPT A LESS FAVORABLE SETTLEMENT FOR DISPUTES. IT MAY ALSO COST MORE TO MEDIATE AND ARBITRATE WITH BAM FRANCHISING, INC. IN UTAH THAN IN YOUR HOME STATE.”
State cover page, 2019 edition
“2) THE FRANCHISE AGREEMENT STATES THAT UTAH LAW GOVERNS THE AGREEMENT, AND THIS LAW MAY NOT PROVIDE THE SAME PROTECTIONS AND BENEFITS AS LAWS IN YOUR STATE. YOU MAY WANT TO COMPARE THESE LAWS.”
State cover page, 2019 edition
“3) THERE MAY BE OTHER RISKS CONCERNING THIS FRANCHISE.”
State cover page, 2019 edition
2020 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 5 years or more than 7 years). The initial term is 5 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 5 years or more than 7 years). Each renewal term is 5 years if you own the Accepted Location.”
Item 17, 2020 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2020 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2020 edition
“1. Out-of-State Dispute Resolution. The franchise agreement requires you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2020 edition
2021 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial teen of your Accepted Location lease (but not less than 5 years or more than 7 years). The initial term is 5 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal ten!' of your lease for the Accepted Location (but not less than 5 years or more than 7 years). Each renewal term is 5 years if you own the Accepted Location.”
Item 17, 2021 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2021 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2021 edition
“1. Out-of-State Dispute Resolution. The franchise agreement requires you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2021 edition
“2. Mandatory Minimum Payments. You must make minimum royalty or advertising fund payments regardless of your sales levels. Your inability to make the payments may result in termination of your franchise and loss or your investment.”
State cover page, 2021 edition
2022 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 5 years or more than 7 years). The initial term is 5 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 5 years or more than 7 years). Each renewal term is 5 years if you own the Accepted Location.”
Item 17, 2022 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2022 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2022 edition
“1. Out-of-State Dispute Resolution. The franchise agreement requires you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2022 edition
“2. Mandatory Minimum Payments. You must make minimum royalty or advertising fund payments regardless of your sales levels. Your inability to make the payments may result in termination of your franchise and loss or your investment.”
State cover page, 2022 edition
2023 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 10 years or more than 12 years). The initial term is 10 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 10 years or more than 12 years). Each renewal term is 10 years if you own the Accepted Location.”
Item 17, 2023 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2023 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2023 edition
“1. Out-of-State Dispute Resolution. The franchise agreement as well as the area development agreement require you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2023 edition
“2. Mandatory Minimum Payments. You must make minimum royalty or advertising fund payments regardless of your sales levels. Your inability to make the payments may result in termination of your franchise and loss or your investment.”
State cover page, 2023 edition
“3. Financial Condition. The franchisor’s financial condition, as reflected in its financial statements (see Item 21), calls into question the franchisor’s financial ability to provide services and support you.”
State cover page, 2023 edition
2024 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 10 years or more than 12 years). The initial term is 10 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 10 years or more than 12 years). Each renewal term is 10 years if you own the Accepted Location.”
Item 17, 2024 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2024 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2024 edition
“1. Out-of-State Dispute Resolution. The franchise agreement as well as the area development agreement require you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2024 edition
“2. Mandatory Minimum Payments. You must make minimum royalty or advertising fund payments regardless of your sales levels. Your inability to make the payments may result in termination of your franchise and loss or your investment.”
State cover page, 2024 edition
“3. Financial Condition. The franchisor’s financial condition, as reflected in its financial statements (see Item 21), calls into question the franchisor’s financial ability to provide services and support you.”
State cover page, 2024 edition
“4. Unopened Franchises. The franchisor has signed a significant number of franchise agreements with franchisees who have not yet opened their outlets. If other franchisees are experiencing delays in opening their outlets, you also may experience delays in opening your own outlet.”
State cover page, 2024 edition
2025 edition
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 10 years or more than 12 years). The initial term is 10 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 10 years or more than 12 years). Each renewal term is 10 years if you own the Accepted Location.”
Item 17, 2025 edition
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2025 edition
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2025 edition
“1. Out-of-State Dispute Resolution. The franchise agreement as well as the area development agreement require you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2025 edition
“2. Mandatory Minimum Payments. You must make minimum royalty or advertising fund payments regardless of your sales levels. Your inability to make the payments may result in termination of your franchise and loss or your investment.”
State cover page, 2025 edition
“3. Financial Condition. The franchisor’s financial condition, as reflected in its financial statements (see Item 21), calls into question the franchisor’s financial ability to provide services and support you.”
State cover page, 2025 edition
“4. Unopened Franchises. The franchisor has signed a significant number of franchise agreements with franchisees who have not yet opened their outlets. If other franchisees are experiencing delays in opening their outlets, you also may experience delays in opening your own outlet.”
State cover page, 2025 edition
“5. Unregistered Trademark. The primary trademark that you will use in your business is not federally registered. If the franchisor's right to use this trademark in your area is challenged, you may have to identify your business and its products or services with a name that differs from that used by other franchisees or the franchisor. This change can be expensive and may reduce brand recognition of the products or services you offer.”
State cover page, 2025 edition
2026 edition, April 8 (same text in September 2026)
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 10 years or more than 12 years). The initial term is 10 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 10 years or more than 12 years). Each renewal term is 10 years if you own the Accepted Location.”
Item 17, 2026 edition, April 8
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2026 edition, April 8
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2026 edition, April 8
“1. Out-of-State Dispute Resolution. The franchise agreement as well as the area development agreement require you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2026 edition, April 8
“2. Mandatory Minimum Payments. You must make minimum royalty or advertising fund payments regardless of your sales levels. Your inability to make the payments may result in termination of your franchise and loss of your investment.”
State cover page, 2026 edition, April 8
“3. Financial Condition. The franchisor’s financial condition, as reflected in its financial statements (see Item 21), calls into question the franchisor’s financial ability to provide services and support you.”
State cover page, 2026 edition, April 8
“4. Unopened Franchises. The franchisor has signed a significant number of franchise agreements with franchisees who have not yet opened their outlets. If other franchisees are experiencing delays in opening their outlets, you also may experience delays in opening your own outlet.”
State cover page, 2026 edition, April 8
“5. Unregistered Trademark. The primary trademark that you will use in your business is not federally registered. If the franchisor's right to use this trademark in your area is challenged, you may have to identify your business and its products or services with a name that differs from that used by other franchisees or the franchisor. This change can be expensive and may reduce brand recognition of the products or services you offer.”
State cover page, 2026 edition, April 8
2026 edition as amended September 9 (same text as April 2026)
Term and renewal.
“The initial term of the Franchise Agreement is equal to the initial term of your Accepted Location lease (but not less than 10 years or more than 12 years). The initial term is 10 years if you own the Accepted Location.
If you meet certain requirements, then you may renew for successive periods. Each renewal term of the franchise will match the renewal term of your lease for the Accepted Location (but not less than 10 years or more than 12 years). Each renewal term is 10 years if you own the Accepted Location.”
Item 17, 2026 edition as amended September 9
Venue and governing law.
“Litigation in Utah County State of Utah (subject to state law).
State of Utah laws apply (unless prohibited by laws of state where Franchise is located).”
Item 17, 2026 edition as amended September 9
Arbitration.
“Arbitration and mediation in Utah County, State of Utah (subject to state law).”
Item 17, 2026 edition as amended September 9
“1. Out-of-State Dispute Resolution. The franchise agreement as well as the area development agreement require you to resolve disputes with the franchisor by mediation, arbitration and/or litigation only in Utah. Out-of-state mediation, arbitration, or litigation may force you to accept a less favorable settlement for disputes. It may also cost more to mediate, arbitrate, or litigate with the franchisor in Utah than in your own state.”
State cover page, 2026 edition as amended September 9
“2. Mandatory Minimum Payments. You must make minimum royalty or advertising fund payments regardless of your sales levels. Your inability to make the payments may result in termination of your franchise and loss of your investment.”
State cover page, 2026 edition as amended September 9
“3. Financial Condition. The franchisor’s financial condition, as reflected in its financial statements (see Item 21), calls into question the franchisor’s financial ability to provide services and support you.”
State cover page, 2026 edition as amended September 9
“4. Unopened Franchises. The franchisor has signed a significant number of franchise agreements with franchisees who have not yet opened their outlets. If other franchisees are experiencing delays in opening their outlets, you also may experience delays in opening your own outlet.”
State cover page, 2026 edition as amended September 9
“5. Unregistered Trademark. The primary trademark that you will use in your business is not federally registered. If the franchisor's right to use this trademark in your area is challenged, you may have to identify your business and its products or services with a name that differs from that used by other franchisees or the franchisor. This change can be expensive and may reduce brand recognition of the products or services you offer.”
State cover page, 2026 edition as amended September 9
What you can ask for in writing, today
The fund statement. Item 11 of the 2026 document: “We will prepare an annual un-audited statement of monies collected and costs incurred by the Fund and furnish it to you upon written request.” Every franchisee pays 1 percent of revenue into the fund. The request is a letter. What the fund’s own terms say
The document itself, from the state. Every edition BAM has filed since 2019 can be downloaded from the Minnesota Department of Commerce without asking the company. The September 2026 amendment is there, and so are the earlier editions. Minnesota CARDS, file 9006
An independent franchisee association, listed in the document. The federal Franchise Rule requires a franchisor to list, in Item 20, any independent franchisee organization that has asked in writing to be included. Once asked, it appears in every document BAM issues after that. The association question
Where to file
Office of the New York State Attorney General, Investor Protection Bureau, Franchise Section. Complaint intake
Federal Trade Commission. ReportFraud.ftc.gov takes reports from anyone, at any time. Reports are not public; they feed the database the Commission acts on when patterns form. https://reportfraud.ftc.gov/
← All states
The fair reading, and its limit. This is a guide to public law and to BAM’s own filings. It is not legal advice, and nothing here is a finding of law or of any person’s liability. Statutes have deadlines, defenses and definitions that turn on facts this page cannot see: what you signed, when, and what you were told. A franchise lawyer licensed in your state can tell you what reaches you. BAM denies wrongdoing in the litigation described on this site.
Sources. BAM Franchising, Inc., Franchise Disclosure Documents 2017 through the September 2026 amendment, as filed with the Minnesota Department of Commerce, file 9006: the state addenda, Exhibit K, the state cover pages. Statute text from each state legislature’s official site and ecfr.gov, accessed September 26, 2026. Store locations and opening dates from BAM’s own store finder and store records, as on the stores map. Franchisee names are not shown on this page.