What is the effect of the Rider on any other term of any document executed in connection with the Bw Premier Collection franchise?
Bw_Premier_Collection 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 any 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 — Receipts (FDD pages 54–203)
What This Means (2025 FDD)
According to the 2025 Bw Premier Collection FDD, the Rider to the Distribution Agreement has the effect of superseding any other conflicting terms in any document executed in connection with the franchise. This means that the provisions outlined in the Rider will take precedence over any other agreements or documents related to the franchise.
This superseding effect is particularly relevant to provisions concerning waivers of claims or disclaimers of reliance, especially in states with franchise disclosure laws like California, Hawaii, Indiana, Michigan, South Dakota, Virginia, and Wisconsin. In these states, no statement or acknowledgment signed by the franchisee can waive claims under state franchise law or disclaim reliance on statements made by Bw Premier Collection.
For prospective Bw Premier Collection franchisees, this offers a degree of protection by ensuring that their rights under state franchise laws cannot be inadvertently waived through standard documentation. It also reinforces the importance of carefully reviewing the Rider and understanding its implications, as it modifies the terms of the Distribution Agreement and other related documents. Franchisees should be aware of the specific provisions within the Rider that apply to their situation, particularly if they are operating in a state mentioned above or if the Rider addresses specific legal requirements in their state.