Does the All States M.E.D. Franchisee Disclosure Questionnaire require me to agree that no employee has made any statement that is contrary to what is stated in the Franchise Agreement?

According to the 2024 All States M.E.D. Franchise Disclosure Document, the Franchisee Disclosure Questionnaire includes a question asking if you agree that no employee or other person speaking on behalf of All States M.E.D. has made any statement, promise, or agreement that contradicts the Franchise Disclosure Document and Franchise Agreement. This is question 10 in the questionnaire. You have the option to answer "Yes" or "No" to this question.

This type of question is intended to confirm that you are relying solely on the information provided in the official documents (FDD and Franchise Agreement) and not on any verbal or informal promises made during the sales process. By agreeing, you acknowledge that only the written terms are binding. This protects All States M.E.D. from potential misunderstandings or misrepresentations made by their employees or representatives.

However, the FDD also states that in certain states, including Illinois, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision supersedes any other term in any document executed in connection with the franchise. This means that even if you answer "Yes" to the question, your legal rights under applicable state franchise laws may still be protected.

It is important to carefully consider your answer to this question and understand its implications. If you have received any promises or representations that are not included in the FDD or Franchise Agreement, you should consult with an attorney to understand your rights and options before signing the questionnaire.