Does the Casiola franchise agreement allow a franchisee to disclaim reliance on any statements?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor.
This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, the franchise agreement does not allow a franchisee to disclaim reliance on any statements made by the franchisor, franchise seller, or anyone acting on behalf of the franchisor. This protection is included in amendments to the franchise agreement related to specific state laws.
Specifically, the FDD states that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision overrides any other conflicting terms in any document related to the franchise agreement.
This means that Casiola franchisees retain the right to pursue legal action based on misrepresentations or fraudulent statements made during the franchise sales process, regardless of any disclaimers they may have signed. This protection is particularly relevant in states with franchise laws like New York, Illinois, Minnesota, and Hawaii, where specific amendments reinforce this right. Prospective franchisees should be aware of these protections and consult with legal counsel to understand their rights fully under the franchise agreement and applicable state laws.