Does the provision regarding waiver of claims under Indiana franchise law by Cicis franchisees supersede other terms in documents related to the franchise?
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 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, for franchisees in certain states including Indiana, any statement, questionnaire, or acknowledgment signed by the franchisee at the start of the franchise relationship cannot waive claims under applicable state franchise law. This includes claims related to fraud in the inducement or disclaiming reliance on statements made by Cicis or its representatives.
This provision is designed to protect franchisees by ensuring they cannot inadvertently give up their legal rights through standard paperwork. It specifically applies to claims arising under state franchise laws, offering a safeguard against overreaching clauses in the franchise agreement or related documents.
The FDD explicitly states that this protection supersedes any other term in any document executed in connection with the franchise. This means that even if other agreements contain language that could be interpreted as a waiver, the franchisee's right to pursue claims under state franchise law remains intact, providing a stronger legal standing for franchisees in disputes.