Does the provision regarding waiver of claims and disclaiming reliance supersede other terms in documents executed in connection with the Angry Chickz franchise in Hawaii?

According to the 2025 Angry Chickz FDD, for franchisees in Hawaii, any statement, questionnaire, or acknowledgement signed by a franchisee regarding the franchise relationship cannot waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on the franchisor. This specific provision takes precedence over any conflicting terms in any document related to the franchise agreement.

This means that even if other documents associated with the Angry Chickz franchise contain clauses that seem to waive a franchisee's rights or limit the franchisor's liability, this provision in the Hawaii addendum ensures that franchisees retain their rights under Hawaii franchise law. This protection extends to claims of fraud, where a franchisee might argue they were misled into entering the agreement.

For a prospective Angry Chickz franchisee in Hawaii, this addendum offers a degree of legal security. It prevents the franchisor from using standard contract language to circumvent the protections provided by Hawaii's franchise laws. Franchisees should still carefully review all documents and seek legal advice, but this provision provides an additional safeguard against unknowingly waiving their rights.

It is important to note that this protection is specific to Hawaii franchise law. The FDD includes similar addenda for other states like California, Maryland, Minnesota, New York, and North Dakota, each tailored to the franchise laws of those states. Franchisees in other states will have different protections and should review the relevant addenda carefully.