Does the Rider supersede any other term of any document executed in connection with the Bw Premier Collection franchise?

According to the 2025 Bw Premier Collection Franchise Disclosure Document, a specific provision within the Rider addresses the superseding of other terms in documents related to the franchise agreement. This provision focuses on disclaimers of reliance and waivers of claims, stating that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law or disclaim reliance on franchisor statements. This clause is explicitly designed to override any conflicting terms in other documents executed in connection with the franchise. This protection applies specifically regarding claims like fraud in the inducement.

This means that Bw Premier Collection franchisees are protected from inadvertently waiving their rights through standard documents they might sign when starting the franchise relationship. The Rider ensures that franchisees retain their rights to pursue claims under applicable state franchise laws, regardless of any waivers or disclaimers they might have signed. This is particularly relevant in states with strong franchise protection laws.

However, it's important to note that the FDD includes multiple versions of this Rider, each tailored for specific states like Rhode Island, Minnesota, Maryland, Illinois, and North Dakota. The specific clauses that supersede other terms may vary slightly depending on the state Rider. For example, the Rider for Washington addresses non-competition covenants and restrictions on soliciting or hiring employees, superseding conflicting provisions in the franchise agreement or elsewhere. Therefore, franchisees should carefully review the Rider specific to their state to understand the full scope of its protections and how it supersedes other documents.

In summary, the Rider to the Bw Premier Collection Distribution Agreement does indeed supersede other terms of documents executed in connection with the franchise, particularly concerning waivers of claims and disclaimers of reliance. The exact scope of this supersession can vary based on the state-specific Rider, so franchisees should consult the version applicable to their location.