In Illinois, can a person acquiring a Cinnaholic franchise waive compliance with the Illinois Franchise Disclosure Act?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
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- In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 27–35)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, any attempt to waive compliance with the Illinois Franchise Disclosure Act is void. Specifically, any condition, stipulation, or provision that tries to bind someone acquiring a Cinnaholic franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is not enforceable. This protection is in place to ensure that franchisees are not pressured into giving up their legal rights under Illinois law.
This provision means that Cinnaholic franchisees in Illinois cannot be forced to sign away their rights under the Illinois Franchise Disclosure Act. This includes rights related to disclosures, termination, and non-renewal as outlined in the Act. The FDD emphasizes this point to ensure that prospective franchisees understand their legal protections and that Cinnaholic, as a franchisor, cannot circumvent these protections through contractual clauses or other means.
This requirement is a standard protection for franchisees in many states, as franchise laws are designed to balance the power between franchisors and franchisees. By explicitly stating that waivers are void, Illinois ensures that franchisees retain their rights and can seek legal recourse if they believe their rights have been violated. This addendum helps to create a fairer franchising environment within the state.