What law governs the Boulder Designs Franchise Agreement in Illinois, notwithstanding other provisions?

According to the 2025 Boulder Designs Franchise Disclosure Document, the Illinois Amendment to the Franchise Agreement specifies that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on behalf of the Franchisor. This provision takes precedence over any other conflicting terms in any document executed in connection with the franchise.

This means that even though the standard Boulder Designs franchise agreement may be governed by the laws of another state (Texas, as indicated in another section), the Illinois state franchise law will take precedence on matters of waiving claims or disclaiming reliance. This is a crucial protection for franchisees in Illinois, ensuring they cannot inadvertently forfeit their rights under state law through standard contractual clauses.

For a prospective Boulder Designs franchisee in Illinois, this amendment provides an added layer of security. It prevents the franchisor from enforcing waivers of state franchise law claims or disclaimers of reliance, which could otherwise limit the franchisee's legal recourse in case of disputes or misrepresentations. This ensures that Illinois franchisees retain their rights and protections under Illinois franchise law, regardless of what the standard franchise agreement might state.