Does the Addendum to the Chicken Guy! Restaurant Development Agreement supersede any other terms in documents executed in connection with the franchise?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee 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 the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
8. Miscellaneous. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Development Agreement. Except as expressly modified by this Addendum, the Development Agreement remains unmodified and in full force and effect. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Addendum by facsimile and any other electronic transmission (including PDF) shall be as effective as delivery of a manually executed counterpart of this Addendum.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–46)
What This Means (2025 FDD)
According to the 2025 Chicken Guy FDD, certain provisions within the addenda to the Restaurant Development Agreement take precedence over other terms in documents related to the franchise. Specifically, this applies to statements, questionnaires, or acknowledgments signed by a franchisee concerning the commencement of the franchise relationship.
The addenda state that no such document can waive claims under applicable state franchise law, including claims related to fraud in the inducement. Similarly, these documents cannot disclaim reliance on statements made by Chicken Guy, franchise sellers, or individuals acting on behalf of Chicken Guy. This protection for the franchisee supersedes any conflicting terms in other documents executed in connection with the franchise agreement.
However, it is important to note that the addenda generally do not replace the original agreements in their entirety. Most addenda include language specifying that, unless explicitly modified by the addendum, the original Development Agreement remains in full effect. This means that only specific clauses addressing franchisee rights and waivers are prioritized over existing terms, while the rest of the original agreement remains unchanged.