For Bft franchises in Illinois, can a franchisee disclaim reliance on any statement made by the franchisor through any signed statement?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
TRICTIONS AND OBLIGATIONS OF BOTH THE FRANCHISOR AND THE FRANCHISEE.**
2. DO NOT SIGN THE REPRESENTATIONS AND ACKNOWLEDGEMENT QUESTIONNAIRE IF YOU ARE LOCATED, OR YOUR STUDIO WILL BE LOCATED IN HAWAII.
ILLINOIS
- No Disclaimer. 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.
2.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, franchisees in Illinois cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on their behalf. This protection applies regardless of any signed statement, questionnaire, or acknowledgment made during the commencement of the franchise relationship. This provision overrides any conflicting terms in the franchise agreement. This ensures that Bft franchisees in Illinois are protected from unknowingly waiving their rights to rely on the franchisor's representations.
This protection is reinforced by the Illinois Franchise Disclosure Act, which voids any provision that would bind a person acquiring a franchise to waive compliance with the Act or any other Illinois law. This safeguards franchisees' rights and ensures they can pursue claims, including fraud in the inducement, based on statements made by Bft.
Prospective Bft franchisees in Illinois should be aware that this protection is specifically included to comply with Illinois state law. This means that any attempt by Bft to include a disclaimer of reliance in the franchise agreement would be unenforceable in Illinois. Franchisees should still carefully review all statements and representations made by the franchisor and document them, but they can be assured that they are not waiving their right to rely on those statements by signing the franchise agreement or related documents.