Does the Beauty Bungalows franchise agreement's provision regarding questionnaires and acknowledgements supersede other terms in documents related to the franchise?
Beauty_Bungalows Franchise · 2025 FDDAnswer from 2025 FDD Document
Beauty Bungalows Franchising, LLC 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 and 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.
Section 18.11 of the Franchise Agreement shall not apply to Washington Franchisees.
WISCONSIN
The Wisconsin Fair Dealership Law, Chapter 135 of the Wisconsin Statutes supersedes any provision of the Franchise Agreement if such provision is in conflict with that law. The Franchise Disclosure Document, the Franchise Agreement and the Supplemental Agreements are amended accordingly.
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APPLICABLE ADDENDA
If any one of the preceding Addenda for specific states ("Addenda") is checked as an "Applicable Addenda" below, then that Addenda shall be incorporated into the Franchise Disclosure Document, Franchise Agreement and any other specified agreement(s) entered into by us and the undersigned Franchisee. To the extent any terms of an Applicable Addenda conflict with the terms of the Franchise Disclosure Document, Franchise Agreement and other specified agreement(s), the terms of the Applicable Addenda shall supersede the terms of the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD pages 47–48)
What This Means (2025 FDD)
According to the 2025 Beauty Bungalows Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee regarding the franchise relationship cannot waive claims under state franchise law, including fraud, or disclaim reliance on franchisor statements. This specific provision takes precedence over any conflicting terms in other documents related to the franchise agreement. This means that franchisees retain their legal rights and protections regardless of any acknowledgments they may sign.
However, this general rule does not apply to franchisees in Washington state, as Section 18.11 of the Franchise Agreement is specifically excluded for them. Additionally, the Wisconsin Fair Dealership Law supersedes any conflicting provision in the Franchise Agreement within Wisconsin.
Furthermore, if a state-specific addendum is applicable, its terms will override any inconsistent provisions in the FDD, Franchise Agreement, or supplemental documents. This ensures compliance with state laws governing franchise relationships, as certain states require modifications to franchise documents. Therefore, prospective Beauty Bungalows franchisees should carefully review any state-specific addenda and understand how they might modify the standard franchise agreement.