What is the effect of a statement signed by a Casiola franchisee regarding waiting any claims under any applicable state franchise law?

According to Casiola's 2024 Franchise Disclosure Document, a statement, questionnaire, or acknowledgement signed or agreed to by a franchisee regarding the commencement of the franchise relationship will not waive any claims under any applicable state franchise law. This includes claims related to fraud in the inducement or disclaiming reliance on any statement made by Casiola, a franchise seller, or someone acting on behalf of Casiola. This provision takes precedence over any other conflicting terms in any document executed concerning the franchise.

This means that even if a Casiola franchisee signs a document that appears to waive their rights to make claims under state franchise law, that waiver is not legally effective. Franchisees retain their rights to pursue claims, including those related to misleading information provided during the franchise sales process. This protection is particularly important for franchisees who may feel pressured to sign documents without fully understanding their legal implications.

This clause protects franchisees by ensuring they cannot inadvertently forfeit their legal rights through standard paperwork. It allows franchisees to address grievances or legal violations that may arise during the franchise relationship, reinforcing the importance of state franchise laws in protecting franchisees. This protection applies in multiple states, including New York, Michigan, Maryland, Illinois, and Minnesota, as indicated by the state-specific amendments within the FDD.