Can the Casiola General Release be changed orally?
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)
Based on the 2024 Casiola Franchise Disclosure Document, the ability to alter the General Release orally is not explicitly addressed. However, the FDD includes amendments for several states (New York, Maryland, and North Dakota) that place restrictions on the enforceability and scope of general releases, indicating that the standard release may not be universally applicable and is subject to state-specific legal requirements. For example, the New York amendment states that no statement signed by a franchisee can waive claims under state franchise law. Similarly, Maryland and North Dakota amendments limit the applicability of general releases concerning liabilities under their respective franchise laws. These amendments suggest that the written terms of the Franchise Agreement and any state-specific amendments take precedence.
Given these state-specific amendments, a Casiola franchisee should be cautious about relying on any oral modifications to the General Release. The written agreements, including the Franchise Agreement and any state-specific addenda, are likely to be the controlling documents. Oral modifications are generally difficult to prove and may not be enforceable, especially if they contradict the written terms of the agreement. The FDD's emphasis on written amendments for specific states further reinforces the importance of written documentation.
Therefore, prospective Casiola franchisees should seek legal counsel to understand the enforceability and potential modifications of the General Release in their specific state. They should also ensure that any agreed-upon changes are documented in writing as an addendum to the Franchise Agreement to avoid future disputes. While the FDD does not explicitly prohibit oral changes, the overall context suggests that written agreements are paramount and offer the most reliable protection for both the franchisor and the franchisee.