Does the Illinois addendum to the Browns Chicken franchise agreement supersede other terms in documents executed in connection with the franchise regarding waivers of claims or disclaimers of reliance?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- 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 — RECEIPT (FDD pages 43–202)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, the Illinois addendum does indeed supersede other terms in documents related to the franchise agreement concerning waivers of claims or disclaimers of reliance. Specifically, the addendum states that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Browns Chicken or its representatives.
This provision in the Illinois addendum is designed to protect franchisees in Illinois by ensuring they cannot unknowingly or unintentionally give up their rights to pursue legal claims against Browns Chicken under Illinois franchise law. It also prevents Browns Chicken from using waivers or disclaimers to shield themselves from liability for misrepresentations or fraudulent statements made during the franchise sales process.
For a prospective Browns Chicken franchisee in Illinois, this means that any document they sign as part of becoming a franchisee cannot be used to prevent them from bringing a claim against the franchisor if they believe they were misled or defrauded. This provides an added layer of protection beyond the standard franchise agreement. Browns Chicken franchisees should still carefully review all documents and seek legal advice, but this addendum offers some reassurance that their rights under Illinois law are preserved.
It is important for prospective franchisees to understand the specific protections afforded by state addenda, as franchise laws vary considerably from state to state. This Illinois addendum reflects the state's interest in safeguarding franchisees' rights and ensuring fair dealing in the franchise relationship.