factual

For All County franchises in Virginia, does the franchise agreement supersede the Virginia addendum regarding waivers of claims?

All_County Franchise · 2025 FDD

Answer from 2025 FDD Document

ADDENDUM TO ALL COUNTY® FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF VIRGINIA

The following applies to franchises and franchisees subject to Virginia statutes and regulations.

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, the Virginia addendum to the franchise agreement takes precedence over any conflicting terms within the standard franchise agreement regarding waivers of claims. Specifically, the addendum states that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship can waive claims under applicable state franchise law, including claims of fraud in the inducement, or disclaim reliance on statements made by the franchisor.

This protection is crucial for prospective All County franchisees in Virginia because it ensures that they cannot inadvertently forfeit their legal rights through standard paperwork or acknowledgments during the initial franchising process. This clause is designed to prevent franchisees from being bound by clauses that might disadvantage them in disputes with All County, particularly concerning misrepresentations or fraud.

The Virginia addendum's explicit statement that it supersedes any other term in any document executed in connection with the franchise provides a safeguard for franchisees. It reinforces that the protections afforded by Virginia franchise law cannot be undermined by conflicting language in the franchise agreement or related documents. This ensures that franchisees retain their ability to pursue legal remedies if they believe they have been misled or defrauded by All County during the franchise sales process.

Therefore, potential All County franchisees in Virginia can be assured that their rights under state franchise laws are protected and cannot be waived through standard agreements or acknowledgments signed at the commencement of their franchise relationship.

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.