In the Cicis franchise agreement, where can I find the additional terms or modifications that may control inconsistencies with the main agreement?
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.
We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of 10 days' prior written notice.
We and you will not waive or impair any right, power, or option this Agreement reserves (including our right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before its term expires) because of any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction. We are authorized to remove any legend or endorsement, which then will have no effect.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, Item 23 Section D addresses the waiver of obligations and how certain agreements can supersede the franchise agreement. Specifically, it states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by Cicis. This provision takes precedence over any other conflicting terms in documents related to the franchise.
Furthermore, Cicis and the franchisee can, through a written instrument, unilaterally waive or reduce any obligation or restriction upon the other. This waiver becomes effective upon delivery of written notice or on another date specified in the waiver notice. However, any waiver granted is subject to ongoing review and can be revoked at any time, for any reason, with 10 days' prior written notice.
Cicis retains the right to demand exact compliance with the terms of the agreement, even if there's a custom or practice that varies from those terms. The failure to exercise any right under the agreement does not constitute a waiver of that right. Additionally, any special or restrictive legends on checks or similar items given to Cicis will not be considered a waiver or settlement, and Cicis is authorized to remove such legends.