Can a Casiola franchisee disclaim reliance on any statement made by the franchisor or their representatives through an acknowledgement signed in connection with the franchise relationship?

According to the 2024 Casiola Franchise Disclosure Document, a franchisee cannot disclaim reliance on statements made by Casiola or its representatives. Specifically, any statement, questionnaire, or acknowledgement signed by a franchisee in connection with starting the franchise relationship cannot waive claims under applicable state franchise law, including claims related to fraud in the inducement. This also means a franchisee cannot disclaim reliance on any statement made by Casiola, franchise sellers, or anyone acting on behalf of Casiola.

This provision is designed to protect franchisees from unknowingly giving up their legal rights based on statements made during the franchise sales process. It ensures that franchisees retain the ability to pursue legal action if they believe they were misled by Casiola's representations. This protection applies regardless of any other terms in the franchise agreement or related documents.

This type of clause is common in franchise agreements to protect franchisees, particularly in states with franchise-specific laws. The inclusion of such a clause in the Casiola FDD indicates a commitment to compliance with franchise regulations and fair dealing with franchisees. This provision supersedes any other term of any document executed in connection with the franchise.