In Illinois, can a person acquiring an Angry Chickz franchise waive compliance with the Illinois Franchise Disclosure Act?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
- Item 22, Additional Disclosure. The following statement is added to Item 22:
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 — RECEIPTS (FDD pages 54–260)
What This Means (2025 FDD)
According to Angry Chickz's 2025 Franchise Disclosure Document, any attempt to waive compliance with the Illinois Franchise Disclosure Act is void. Specifically, the FDD states that any condition, stipulation, or provision that seeks to bind someone acquiring an Angry Chickz franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is not enforceable. This protection is in place to ensure franchisees are fully aware of their rights and protections under Illinois law.
This means that no matter what a franchise agreement might say, an Angry Chickz franchisee in Illinois cannot legally waive their rights under the Illinois Franchise Disclosure Act. This includes any statements, questionnaires, or acknowledgments signed by the franchisee at the start of their franchise relationship. These documents cannot waive claims under state franchise law, including claims related to fraud in the inducement, or disclaim reliance on statements made by Angry Chickz or its representatives.
This provision is designed to protect prospective Angry Chickz franchisees in Illinois by ensuring they retain all rights and remedies available to them under Illinois law. It prevents Angry Chickz from including clauses in their agreements that might inadvertently or intentionally limit these rights. The Illinois Attorney General's Office is actively ensuring that franchise agreements adhere to these protections, as evidenced by the requirement for deferred payment of initial fees due to Angry Chickz's financial condition.
Therefore, any clause in the Angry Chickz franchise agreement suggesting a franchisee waives their rights under the Illinois Franchise Disclosure Act is legally void. Franchisees should be aware of this protection and consult with legal counsel if they believe their rights are being compromised.