factual

Does the Aw Franchise Agreement state that the provision regarding waiver of claims supersedes any other term of any document executed in connection with the franchise?

Aw Franchise · 2025 FDD

Answer 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.

Source: Item 22 — CONTRACTS (FDD pages 39–40)

What This Means (2025 FDD)

According to Aw's 2025 Franchise Disclosure Document, certain provisions within the franchise agreement address the waiver of claims and their relationship to other documents. Specifically, no statement, questionnaire, or acknowledgment signed by a franchisee related to the franchise commencement can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Aw or its representatives.

This provision explicitly supersedes any other term in any document executed concerning the franchise. This means that any conflicting terms in other documents, such as the Franchise Agreement itself or any related agreements, are overridden by this specific clause protecting the franchisee's rights to pursue certain claims.

This clause is particularly relevant for prospective franchisees as it ensures that they cannot inadvertently waive their rights through standard paperwork or acknowledgments. It provides a safeguard against potential overreach by the franchisor and reinforces the franchisee's ability to seek legal recourse if necessary. However, franchisees should consult with a legal professional to fully understand their rights and obligations under the franchise agreement and applicable state laws.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.