Does the All Team franchise agreement's provision regarding waivers and disclaimers supersede other terms in documents related to the franchise?
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 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to the 2025 All Team Franchise Disclosure Document, a specific provision addresses the superseding effect of waivers and disclaimers. For franchisees, particularly those in Virginia, no statement, questionnaire, or acknowledgment signed in connection with starting the franchise can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by All Team or its representatives. This specific provision takes precedence over any conflicting terms in other documents related to the franchise agreement. This means that franchisees retain their rights and protections under applicable state laws, regardless of any waivers or disclaimers they may have signed.
This protection is further reinforced by similar provisions for franchisees in Minnesota. The FDD states that nothing in the Franchise Disclosure Document or agreements can reduce a franchisee's rights under Minnesota Statutes Chapter 80C or their rights to any procedure, forum, or remedies provided by law. This ensures that franchisees' rights are safeguarded, and any attempt to diminish these rights through waivers or disclaimers is ineffective.
For prospective All Team franchisees, this is a crucial safeguard. It ensures that they cannot inadvertently waive their legal rights or be bound by disclaimers that contradict state franchise laws. This provision offers a layer of protection against potential overreach by the franchisor and ensures that franchisees retain their legal recourse in case of disputes or misrepresentations. Franchisees should still carefully review all documents and seek legal advice to fully understand their rights and obligations, but this clause provides an additional level of security.