Does the Illinois Rider to the Development Agreement for Checkers supersede any other terms?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
No disclaimer, questionnaire, clause, or statement signed by a franchisee in connection with the commencement of the franchise relationship shall be construed or interpreted as waiving any claim of fraud in the inducement, whether common law or statutory, or as disclaiming reliance on or the right to rely upon any statement made or information provided by any franchisor, broker or other person acting on behalf of the franchisor that was a material inducement to a franchisee's investment. This provision supersedes any other or inconsistent term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, the Illinois Rider to the Development Agreement does supersede other terms under specific conditions. Specifically, a provision within the rider states that no disclaimer, questionnaire, clause, or statement signed by a franchisee related to the franchise relationship can waive claims of fraud in the inducement or disclaim reliance on statements made by Checkers or its representatives. This particular provision takes precedence over any other inconsistent terms in documents related to the franchise agreement.
This means that Checkers franchisees in Illinois are afforded certain protections under Illinois law that cannot be waived through standard contractual language. This ensures that franchisees retain their rights to pursue claims of fraud or misrepresentation, regardless of any disclaimers they may have signed.
For a prospective Checkers franchisee in Illinois, this offers a degree of security, knowing that their legal rights are protected against waivers or disclaimers that might otherwise limit their ability to seek recourse in cases of fraud or misrepresentation. It is important for franchisees to understand the specific protections afforded by Illinois law and how the Rider reinforces those protections.