Are any representations made in the C12 Group Franchise Disclosure Document disclaimed by the Franchise Agreement?
C12_Group Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement constitutes the entire agreement between Franchisee and Franchisor with respect to the subject matter hereof and supersedes any and all prior agreements and understandings with respect to the subject matter hereof verbal and/or written and shall not be modified or amended unless in writing and signed by both parties. This Agreement shall be binding upon Franchisee and Franchisor and their respective heirs, administrators, executors, survivors, and/or successors and assigns. The Summary Page is a part of this Agreement and all terms contained therein are incorporated herein. Notwithstanding the foregoing, nothing in this Agreement or in any document or agreement related to this Agreement is intended to disclaim the representations made by Franchisor in its Franchise Disclosure Document.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 36–40)
What This Means (2025 FDD)
According to the 2025 C12 Group Franchise Disclosure Document, the Franchise Agreement does not disclaim the representations made by C12 Group in its Franchise Disclosure Document. Specifically, Section XV of the Franchise Agreement states that the agreement constitutes the entire agreement between the franchisee and franchisor, superseding prior agreements. However, it explicitly notes that nothing in the agreement is intended to disclaim the representations made by C12 Group in its Franchise Disclosure Document. This ensures that franchisees can rely on the information provided in the FDD when making their investment decision.
However, there are some state-specific addenda that modify the franchise agreement. For example, the North Dakota Addendum stipulates that certain sections of the Franchise Agreement related to arbitration, jurisdiction, and governing law do not apply to franchisees in North Dakota, as they conflict with the North Dakota Franchise Investment Law. Similarly, the Minnesota Addendum states that nothing in the Franchise Disclosure Document or agreement can reduce a franchisee's rights under Minnesota law, and any conflicting provisions are deemed deleted.
Furthermore, the Washington Addendum indicates that certain sections of the Franchise Agreement do not apply to Washington franchisees, pursuant to the Revised Code of Washington (RCW). Additionally, no statement signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by C12 Group. These addenda highlight the importance of reviewing state-specific disclosures to understand how the Franchise Agreement may be modified or superseded by local laws, ensuring franchisees are aware of their rights and protections within their specific state.