Does the Illinois provision regarding waivers and disclaimers supersede any other term of any document executed in connection with the Bft franchise?

According to Bft's 2025 Franchise Disclosure Document, for franchisees located or with studios located in Illinois, a specific provision addresses waivers and disclaimers. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship can waive claims under applicable state franchise law, including claims related to fraud in the inducement.

Specifically, the provision also prevents franchisees from disclaiming reliance on statements made by Bft, its franchise sellers, or anyone acting on Bft's behalf. The 2025 FDD explicitly states that this particular provision supersedes any other term in any document associated with the franchise agreement. This means that if there's a conflict between this clause and any other part of the franchise agreement or related documents, this provision will take precedence.

This protection is particularly important for prospective franchisees in Illinois as it reinforces their rights under the Illinois Franchise Disclosure Act and other Illinois laws. It prevents Bft from using waivers or disclaimers to limit its liability or the franchisee's ability to pursue legal claims. This ensures that franchisees are not unknowingly giving up their legal rights when entering into the franchise agreement.

In essence, this clause strengthens the franchisee's position by ensuring that their rights under Illinois law are fully protected and cannot be undermined by conflicting terms in the franchise agreement or related documents.