Does the C12 Group FDD provision regarding questionnaires supersede other terms in documents executed in connection with the franchise?

According to the 2025 C12 Group Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee related to the start of the franchise relationship has specific protections. These protections ensure that the franchisee does not waive rights under state franchise law, including claims of fraud, or disclaim reliance on statements made by C12 Group or its representatives.

Specifically, the FDD states that this provision regarding questionnaires supersedes any other term in any document executed in connection with the franchise. This means that if there's a conflict between what's in a questionnaire or acknowledgment and another part of the franchise agreement or related documents, the questionnaire provision will take precedence. This is designed to protect franchisees from inadvertently giving up important legal rights or claims.

Several states, including Illinois, Maryland, and California, have specific requirements or amendments related to this clause, reinforcing the importance of understanding these protections. For example, California law sets a maximum interest rate of 10% on late fees, and the franchise agreement's provision for termination upon bankruptcy may not be enforceable under federal bankruptcy law. These state-specific disclosures highlight the need for prospective franchisees to carefully review the FDD and any related agreements with legal counsel to ensure full comprehension of their rights and obligations.