Does the Rider for Bens Soft Pretzels supersede other terms in documents connected to the franchise?
Bens_Soft_Pretzels 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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, under certain conditions, a rider or addendum can supersede other terms in documents related to the franchise agreement. Specifically, the addendum addresses statements, questionnaires, or acknowledgments signed by a franchisee concerning the commencement of the franchise relationship.
The addendum explicitly states that no such document shall waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision is designed to protect franchisees from inadvertently relinquishing their legal rights or claims due to signing certain documents during the initial phase of the franchise agreement.
For franchisees in Virginia and Washington, the Franchise Disclosure Document includes an addendum stating that the provision supersedes any other term of any document executed in connection with the franchise. This means that the protections afforded to franchisees under these state laws take precedence over any conflicting terms in other agreements or documents signed as part of the franchise process. This ensures that franchisees in these states retain their rights and are not bound by terms that could potentially undermine those rights.