What does the provision regarding statements, questionnaires, or acknowledgements supersede in the context of the Buff City Soap franchise?
Buff_City_Soap 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 6 — , Securities Offering Fee, in the amount column is revised to state the following: (FDD pages 216–303)
What This Means (2025 FDD)
According to the 2025 Buff City Soap FDD, a specific provision addresses the legal effect of statements, questionnaires, or acknowledgements signed by a franchisee when starting their franchise relationship. This provision is included as part of addenda or riders to the franchise agreement that apply in certain states like South Dakota, Hawaii, Illinois, Maryland, North Dakota and Washington.
Specifically, the FDD states that no statement, questionnaire, or acknowledgement can waive a franchisee's rights under state franchise law, including claims of fraud in the inducement. It also prevents these documents from disclaiming reliance on statements made by Buff City Soap or its representatives.
This protection for the franchisee supersedes any other term in any document executed in connection with the franchise. This means that if any other part of the franchise agreement or related documents contradicts this protection, this specific provision takes precedence. This ensures that franchisees retain their legal rights and recourse, regardless of other clauses they may have signed.