Does the Hawaii FDD Amendment for Casiola supersede any other term of any document executed in connection with the franchise?

According to Casiola's 2024 Franchise Disclosure Document, the Hawaii FDD Amendment includes a provision that addresses the superseding of other terms within documents related to the franchise. Specifically, any statement, questionnaire, or acknowledgement signed by a franchisee regarding the commencement of the franchise relationship cannot waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Casiola or its representatives.

This provision in the Hawaii FDD Amendment explicitly states that it supersedes any other term of any document executed in connection with the franchise. This means that if there are conflicting terms in any agreement, questionnaire, or acknowledgement, this particular provision within the Hawaii FDD Amendment will take precedence.

For a prospective Casiola franchisee in Hawaii, this offers a degree of protection by ensuring that they cannot inadvertently waive their rights under the Hawaii Franchise Investment Law through standard documents signed during the initial stages of the franchise relationship. It is important for franchisees to understand this provision, as it reinforces their ability to pursue claims of fraud or misrepresentation, regardless of other agreements they may have signed.