Does the California addendum supersede the Buona Disclosure Document or Franchise Agreement?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Any language in the Franchise Agreement or any amendment thereto or any agreement to the contrary is superseded by this condition."
Section 25.11(a) and (b) on Acknowledgements is deleted in its entirety.
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 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the addendum to the Franchise Agreement for California addresses the issue of which document takes precedence. Specifically, the addendum states that any conflicting language in the Franchise Agreement, amendments, or other agreements is superseded by the conditions outlined in the addendum. This ensures that California franchise law is upheld.
Furthermore, the addendum explicitly removes Section 25.11(a) and (b) of the original agreement, which pertains to acknowledgments. This deletion reinforces the intent to override specific clauses that might conflict with California's franchise regulations.
Additionally, the addendum clarifies that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under California franchise law, including claims related to fraud. It also prevents disclaimers of reliance on statements made by Buona or its representatives. This provision is emphasized as superseding any other term within any document related to the franchise, providing strong protection for the franchisee under California law.