What specific claims cannot be waived by a Boulder Designs franchisee in Illinois?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgement 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, specifically the Illinois amendment to the franchise agreement, a franchisee cannot waive certain claims related to the franchise relationship. The amendment specifies that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under any applicable state franchise law. This includes claims related to fraud in the inducement, which refers to misrepresentations made to entice someone to enter into a contract.
Additionally, the Illinois amendment prevents franchisees from disclaiming reliance on behalf of Boulder Designs. This means a franchisee cannot waive their right to claim they relied on the franchisor's statements when deciding to invest in the franchise. This protection ensures that franchisees can hold Boulder Designs accountable for the information provided during the franchise sales process.
This provision in the Illinois amendment supersedes any other conflicting terms in any document executed in connection with the franchise agreement. This means that even if other documents contain clauses that seem to waive these rights, the Illinois amendment takes precedence, offering additional protection to the franchisee under Illinois law.