Does the Bft Franchise Agreement allow a person to waive compliance with the Illinois Franchise Disclosure Act?

According to Bft's 2025 Franchise Disclosure Document, the franchise agreement includes provisions to ensure compliance with the Illinois Franchise Disclosure Act. Specifically, Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation, or provision that attempts to bind someone acquiring a franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This means Bft cannot enforce any agreement where a franchisee attempts to waive their rights under Illinois law.

Bft's disclosure explicitly states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor. This clause is designed to override any other conflicting terms in any document related to the franchise agreement, reinforcing the protection of franchisees' rights under Illinois law.

Furthermore, the Bft Franchise Agreement specifies that, with the exception of the U.S. Federal Arbitration Act and other federal laws, the laws of Illinois will govern the agreement. This ensures that Illinois law, including the Franchise Disclosure Act, takes precedence in legal interpretations and dispute resolutions, providing an additional layer of protection for franchisees operating in Illinois. These stipulations collectively affirm that Bft's franchise agreement is structured to prevent franchisees from unintentionally or unknowingly waiving their rights and protections under the Illinois Franchise Disclosure Act.