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What takes precedence over other terms in documents executed in connection with the Aw franchise in Illinois?

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, for franchisees in Illinois, a specific provision takes precedence over any other term in documents related to the franchise. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law. This includes claims related to fraud in the inducement or disclaiming reliance on statements made by Aw or its representatives.

In simpler terms, Aw franchisees in Illinois cannot be forced to sign away their rights under Illinois franchise law through any document they sign when starting the franchise. This protection extends to claims of fraud or disclaiming reliance on Aw's statements. This means that if Aw makes misleading statements to induce someone to buy a franchise, the franchisee can still pursue legal action, even if they signed a document that seems to waive this right.

This clause is particularly important for prospective franchisees as it provides a safeguard against potentially overreaching terms in the franchise agreement or related documents. It ensures that franchisees retain their legal rights under Illinois law, regardless of what other documents might state. This protection is a significant benefit for franchisees in Illinois, offering them recourse in case of disputes or misrepresentations by Aw.

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.