Does the provision regarding waiver of claims and disclaiming reliance supersede other terms in documents related to the Rayyan Pizza Franchise LLC (Aw) franchise in Illinois?
Aw 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.
RAYYAN PIZZA FRANCHISE LLC ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF ILLINOIS
The Rayyan Pizza Franchise LLC Franchise Disclosure Document for use in the State of Illinois is modified in accordance with the following:
Illinois law shall apply to and govern the Franchise Agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Franchisee's rights upon Termination and Non-renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.
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.
Payment of the Initial Franchise Fee will be deferred until Franchisor has met its initial obligations to franchisee, and franchisee has commenced doing business. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to Franchisor's financial condition.
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, a specific provision addresses the waiver of claims and disclaiming reliance within the context of the franchise relationship in Illinois. The FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee related to the start of the franchise can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Aw or its representatives. This specific provision is designed to protect franchisees from inadvertently relinquishing their legal rights or being bound by disclaimers that could limit their ability to pursue legal remedies.
This protection is further reinforced by the statement that this provision supersedes any other conflicting terms in any document executed in connection with the Aw franchise. This means that if any other agreement or document related to the franchise contains language that contradicts this protection, the provision favoring the franchisee's right to make claims and assert reliance will take precedence. This ensures that franchisees in Illinois retain their rights under the Illinois Franchise Disclosure Act, regardless of other contractual language.
Additionally, the Rayyan Pizza Franchise LLC Addendum to Franchise Disclosure Document for the State of Illinois states the same protections. Specifically, it states that 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.