When is a release or waiver of rights valid for a Big Blue Swim School franchise agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
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 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, a franchisee's waiver of compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void, as stated in Item 23. This protection is in accordance with Section 41 of the Illinois Franchise Disclosure Act. This means that franchisees cannot be forced to give up their legal rights under Illinois law related to franchising.
Furthermore, any statement, questionnaire, or acknowledgment signed by a Big Blue Swim School franchisee at the start of the franchise relationship cannot waive claims under state franchise law, including claims of fraud in the inducement. Franchisees also cannot disclaim reliance on statements made by Big Blue Swim School, its sellers, or anyone acting on their behalf. This provision takes precedence over any conflicting terms in any document related to the franchise agreement.
These stipulations protect franchisees by ensuring they retain their rights and legal recourse, particularly in matters of fraud or misrepresentation. This is a beneficial provision for prospective Big Blue Swim School franchisees, as it prevents them from unknowingly or unwillingly forfeiting legal protections afforded by Illinois franchise law.