Does the Cicis franchise agreement allow a franchisee to disclaim reliance on statements made by the franchisor or their representatives?
Cicis 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.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, the franchise agreement does not allow a franchisee to disclaim reliance on statements made by Cicis or their representatives. Specifically, any statement, questionnaire, or acknowledgment signed by the franchisee cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on behalf of Cicis. This protection extends to claims under applicable state franchise laws, including fraud in the inducement.
This provision is designed to protect franchisees from being bound by clauses that might prevent them from pursuing legal action based on misrepresentations made during the franchise sales process. It ensures that franchisees can hold Cicis accountable for statements made to induce them into the franchise agreement.
This clause supersedes any other conflicting terms in any document executed in connection with the franchise agreement, reinforcing the franchisee's right to rely on statements made by Cicis and its representatives. This aspect of the agreement is favorable for potential franchisees, as it provides a legal basis to challenge the franchisor if the franchisee feels they were misled.