Does the provision regarding waivers and disclaimers in the Illinois Addendum supersede other terms in documents related to the Best Brains franchise?
Best_Brains 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 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, the Illinois Addendum includes a specific provision addressing waivers and disclaimers. This provision states that no statement, questionnaire, or acknowledgment signed by a franchisee in connection with starting the franchise can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Best Brains or its representatives.
Specifically, the Illinois Addendum clarifies that this provision supersedes any other term in any document related to the franchise. This means that if any other agreement or document contradicts this protection against waiving rights or disclaiming reliance, the Illinois Addendum's provision will take precedence.
For a prospective Best Brains franchisee in Illinois, this is a beneficial clause. It ensures that franchisees cannot inadvertently waive their legal rights or claims through standard documents signed at the beginning of their franchise relationship. This protection is particularly important in cases of potential misrepresentation or fraud, as it allows franchisees to maintain their ability to seek legal recourse if necessary.