factual

Does the provision regarding waiver of claims and disclaiming reliance supersede any other term of any document related to the Cicis franchise?

Cicis Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. No statement, questionnaire or acknowledgement 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)

What This Means (2025 FDD)

According to Cicis's 2025 Franchise Disclosure Document, certain provisions regarding the waiver of claims and disclaiming reliance do indeed supersede other terms in documents related to the franchise, particularly concerning state franchise laws. Specifically, for franchisees, no statement, questionnaire, or acknowledgment signed in connection with starting the franchise can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Cicis. This protection is highlighted in provisions applicable to franchisees in Maryland and Illinois.

For franchisees in Maryland and Illinois, this means that any prior agreements or clauses that might have suggested a franchisee was giving up their right to sue or rely on Cicis's statements are overridden. This ensures that franchisees retain their legal rights under state franchise laws, regardless of what other documents might imply. This is particularly relevant in cases of alleged fraud or misrepresentation during the franchise sales process.

It's important to note that these superseding provisions are designed to protect franchisees' rights under specific state laws, such as the Maryland Franchise Registration and Disclosure Law and the Illinois Franchise Disclosure Act. The FDD also mentions that certain provisions might not be enforceable under federal bankruptcy law, indicating that franchisees should be aware of the interplay between state and federal regulations. Cicis franchisees should consult with a legal professional to fully understand their rights and obligations, especially in the context of these state-specific protections.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.