Does the Checkersrallys FDD state that the anti-waiver provision supersedes any inconsistent terms in other documents related to the franchise?
Checkersrallys 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 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, any disclaimer, questionnaire, clause, or statement signed by a franchisee regarding the commencement of the franchise relationship cannot be interpreted as a waiver of fraud claims. This includes both common law and statutory fraud, or disclaiming reliance on statements or information from Checkersrallys, its brokers, or representatives that materially induced the franchisee's investment.
This provision explicitly overrides any other conflicting terms in any document related to the franchise agreement. This means that franchisees are protected from inadvertently waiving their rights to claim fraud based on misrepresentations made during the franchise sales process, regardless of what other documents might state.
This protection is a significant benefit for prospective Checkersrallys franchisees, as it ensures that they retain their legal rights to pursue fraud claims if they believe they were misled into investing in the franchise. It also highlights Checkersrallys's commitment to transparency and fair dealing in its franchise relationships. Franchisees should still carefully review all documents and seek legal advice to fully understand their rights and obligations, but this provision offers an additional layer of security against potential misrepresentations.