factual

For All County franchises, does the provision regarding waivers and disclaimers supersede other terms in documents related to the franchise?

All_County Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

Source: Item 22 — Contracts (FDD page 43)

What This Means (2025 FDD)

According to All County's 2025 Franchise Disclosure Document, a specific provision addresses waivers and disclaimers related to the commencement of the franchise relationship. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including claims of fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by All County, its franchise sellers, or anyone acting on their behalf. This protection is particularly relevant in states like New York, Virginia, Maryland, California, and Illinois, which have specific addenda addressing these issues.

The FDD explicitly states that this provision supersedes any other term in any document executed in connection with the All County franchise. This means that if any other clause in the franchise agreement or related documents contradicts this protection against waivers and disclaimers, the waiver and disclaimer provision takes precedence. This is designed to protect franchisees from inadvertently giving up their legal rights or remedies.

This clause is especially important for prospective franchisees as it provides a safeguard against potentially overreaching terms in the franchise agreement. Franchisees should carefully review all documents and understand their rights, particularly concerning fraud and reliance on franchisor statements. The inclusion of this superseding provision indicates All County's intent to comply with state franchise laws and protect franchisees' legal standing, especially in states with franchise-specific regulations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.