Under the Hawaii Franchise Agreement Amendment for Casiola, what effect does a franchisee's signed statement, questionnaire, or acknowledgement have on waiving claims under state franchise law?

According to Casiola's 2024 Franchise Disclosure Document, specifically the Hawaii Franchise Agreement Amendment, any statement, questionnaire, or acknowledgement signed by a franchisee related to the start of the franchise relationship will not waive claims under Hawaii's state franchise law. This includes claims of fraud in the inducement, meaning a franchisee cannot waive their right to sue Casiola for being misled into signing the agreement.

This provision also ensures that franchisees cannot disclaim reliance on statements made by Casiola, its franchise sellers, or anyone acting on their behalf. This means a franchisee can't be forced to agree they didn't rely on information provided by Casiola when deciding to invest in the franchise. This protection is significant because it prevents Casiola from using these documents to shield itself from liability for misrepresentations made during the franchise sales process.

This specific clause overrides any other conflicting terms in any document signed in connection with the Casiola franchise. This is intended to protect franchisees' rights under the Hawaii Franchise Investment Law, ensuring that franchisees retain their legal rights regardless of other contractual language. This type of clause is common in franchise agreements to ensure compliance with state franchise laws, which often aim to protect franchisees from overreaching franchisors.