What does the Virginia Rider for Checkersrallys supersede if it is inconsistent?
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 the 2025 Checkersrallys Franchise Disclosure Document, specifically the Virginia Rider, a key provision addresses potential conflicts within franchise-related documents. This provision states that any disclaimer, questionnaire, clause, or statement signed by a franchisee at the start of their franchise relationship cannot be interpreted as a waiver of claims related to fraud in the inducement. This includes both common law and statutory claims, and it also prevents the franchisee from disclaiming reliance on statements or information provided by Checkersrallys or its representatives that may have materially influenced their decision to invest.
In practical terms, this means that if a Checkersrallys franchisee in Virginia believes they were misled or fraudulently induced into signing the franchise agreement, they retain the right to pursue legal action, regardless of any seemingly contradictory clauses in other documents. This protection is particularly important because franchise agreements often contain numerous clauses and disclaimers that could potentially limit a franchisee's legal recourse. The Virginia Rider ensures that franchisees are not unknowingly or unintentionally waiving their rights to claim fraud.
This provision in the Virginia Rider supersedes any other term or document executed in connection with the Checkersrallys franchise if those terms are inconsistent with the protection against waiving fraud claims. This offers a safeguard for franchisees, ensuring that the Virginia Retail Franchising Act's protections are upheld, even if other documents contain conflicting language. This type of rider is common in franchise agreements to comply with state-specific franchise laws, which often aim to protect franchisees from overreaching franchisors.