Does the Addendum override any terms in the Augusta Lawn Care Franchise Agreement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment 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.
Nothing in the agreement or in any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
Based on the 2025 Augusta Lawn Care Franchise Disclosure Document, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud, or disclaim reliance on franchisor statements. This provision takes precedence over any conflicting terms in any document related to the franchise agreement. The franchise agreement also states that nothing within the agreement or any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document. This suggests that the SBA Addendum, like other documents, cannot override these protections for the franchisee.
This means that even if an addendum seems to contradict the main franchise agreement, the franchisee retains certain legal rights and protections. Specifically, Augusta Lawn Care franchisees cannot waive their right to bring claims of fraud against the franchisor based on misrepresentations, and they can still rely on statements made in the FDD, regardless of what other documents might say.
This clause is designed to protect franchisees from unknowingly giving up their legal rights through ancillary documents. It aligns with franchise law principles that aim to ensure a fair balance of power between franchisors and franchisees. Prospective Augusta Lawn Care franchisees should carefully review all documents, including any addenda, but be aware that this provision ensures certain fundamental protections remain in place.