For Bw Premier Collection, what does the Rider supersede regarding franchisee statements or acknowledgments?

According to the 2025 FDD, for franchisees in certain states, a specific provision in the Rider to the Distribution Agreement addresses waivers and disclaimers of reliance. This provision ensures that no statement, questionnaire, or acknowledgment signed by a Bw Premier Collection franchisee at the start of their franchise relationship can waive claims under state franchise law, including claims related to fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by the franchisor, franchise sellers, or anyone acting on behalf of the franchisor.

This "No Waiver of Disclaimer of Reliance" provision is designed to protect franchisees by ensuring they retain their legal rights and recourse, particularly in states with franchise disclosure laws. The provision specifically applies to franchisees and franchises subject to state franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington or Wisconsin.

Importantly, the FDD states that this provision supersedes any other term in any document executed in connection with the Bw Premier Collection franchise. This means that if any other agreement or document contradicts this protection, the "No Waiver of Disclaimer of Reliance" provision takes precedence, reinforcing the franchisee's rights under applicable state franchise laws. This offers a degree of security to the franchisee, ensuring that initial agreements cannot inadvertently strip them of statutory protections.