Does the All Team franchise agreement supersede any other document executed in connection with the franchise regarding waiving claims under any applicable state franchise law?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgement 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 23 — RECEIPT (FDD pages 34–161)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, certain provisions are in place to protect franchisees regarding waivers of claims under state franchise laws. Specifically, the FDD states that no statement, questionnaire, or acknowledgement signed by a franchisee in connection with starting the franchise can waive claims under any applicable state franchise law, including claims of fraud. This also includes disclaiming reliance on statements made by All Team or anyone acting on their behalf.
This protection is reinforced by the statement that this provision supersedes any other term in any document related to the franchise. This means that even if other documents contain language that might suggest a waiver of these rights, this specific clause in the Franchise Disclosure Document takes precedence, ensuring the franchisee's rights under state franchise laws are preserved.
Furthermore, the New York and Virginia State Law Addenda included in the FDD emphasize that the provisions of their respective state franchise laws will control in case of any inconsistency with the standard franchise agreement. This reinforces the principle that state laws protecting franchisees cannot be overridden by the franchise agreement. All Team franchisees should be aware of these protections and consult with legal counsel to fully understand their rights under applicable state laws.