Are there any exceptions to the rule that only items in the written agreement are binding for Bevaris Alliance?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
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- 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 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 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, there are some exceptions to the rule that only items in the written agreement are binding. Specifically, the California Addendum to the Disclosure Document states that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision overrides any conflicting terms in the franchise agreement.
This means that even if a franchisee signs a document suggesting they are not relying on any statements outside the franchise agreement, they may still have legal recourse based on those statements under California franchise law. This protects franchisees from being bound by clauses that could prevent them from pursuing claims of fraud or misrepresentation.
For a prospective Bevaris Alliance franchisee in California, this addendum provides an additional layer of protection. It ensures that they cannot inadvertently waive their rights under California franchise law through standard contractual language. This is particularly important in the context of franchise sales, where franchisees often rely on the franchisor's representations about the business opportunity.