factual

In Illinois, can a Bath Tune Up franchisee disclaim reliance on behalf of the Franchisor?

Bath_Tune_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

No statement, questionnaire or acknowledgement 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

Source: Item 23 — RECEIPTS (FDD pages 52–222)

What This Means (2025 FDD)

According to the 2025 Bath Tune Up Franchise Disclosure Document, Illinois law protects franchisees from unintentionally disclaiming reliance on the franchisor. Specifically, any statement, questionnaire, or acknowledgment signed by a Bath Tune Up franchisee at the start of their franchise relationship cannot waive claims under Illinois franchise law or disclaim reliance on statements made by Bath Tune Up or anyone acting on their behalf. This protection is explicitly stated and takes precedence over any conflicting terms in the franchise agreement.

This means that an Illinois Bath Tune Up franchisee cannot inadvertently give up their right to pursue legal action based on misrepresentations or fraud, even if they sign a document that seems to suggest otherwise. This provision ensures that franchisees can rely on the information provided by Bath Tune Up during the franchise sales process and are not penalized for doing so.

This type of clause is included to protect franchisees in states with franchise-specific laws. It aims to create a fairer balance of power between the franchisor and franchisee, preventing the franchisor from using contractual language to shield themselves from liability for misleading statements or actions. Prospective Bath Tune Up franchisees in Illinois should be aware of this protection and consult with an attorney to fully understand their rights under Illinois franchise law.

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.