Does the Checkers FDD specify any exceptions related to the contract?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
RIDER TO THE CHECKERS DRIVE-IN RESTAURANTS, INC. FRANCHISE AGREEMENT FOR USE IN CALIFORNIA, INDIANA, MICHIGAN, RHODE ISLAND, AND WISCONSIN
This Rider DRIVE-IN RESTAURANTS, INC., a Delaware Street, Suite 710, Tampa, Florida , ("Franchisee"). (the "Rider") is made and entered into by and between CHECKERS corporation located at 4300 West Cypress 33607 ("Franchisor"), and whose principal business address is 1. Background. Franchisor and Franchisee are parties to that certain Franchise Agreement that has been signed at the same time as the signing of this Rider (the "Franchise Agreement"). This Rider is part of the Franchise Agreement. 2. The following No Waiver of Disclaimer of Reliance in Certain States. provision applies only to franchisees and franchises that are subject to the state franchise disclosure laws in California, Indiana, Michigan, Rhode Island, or Wisconsin: No statement, questionnaire or acknowledgment signed or agreed to by a franchisee the 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 inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or any other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise. IN WITNESS WHEREOF, the parties have executed and delivered this Rider effective on the Effective Date stated in the Franchise Agreement. CHECKERS DRIVE-IN RESTAURANTS, INC. A Delaware Corporation Checkers/Rally's April 2025
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, a rider to the franchise agreement exists for use in California, Indiana, Michigan, Rhode Island, and Wisconsin. This rider includes a provision that applies only to franchisees and franchises subject to state franchise disclosure laws in those states.
Specifically, the rider states that no statement, questionnaire, or acknowledgment signed by a franchisee in connection with starting the franchise relationship can waive any claims under applicable state franchise law, including claims of fraud in inducement. Furthermore, franchisees in those states cannot disclaim reliance on any statement made by the franchisor, franchise seller, or anyone acting on behalf of the franchisor.
This rider provision supersedes any other conflicting term in any document executed in connection with the franchise agreement. This ensures that franchisees in California, Indiana, Michigan, Rhode Island, and Wisconsin retain their rights and protections under state franchise laws, regardless of any other agreements or waivers they may sign.