Does the provision regarding waivers and disclaimers in the City Publications franchise supersede other terms in the franchise documents?

According to City Publications' 2025 Franchise Disclosure Document, the franchise agreement includes provisions that address the superseding of terms, particularly concerning waivers, disclaimers, and conflicts with state laws. For all states, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship cannot waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by City Publications or its representatives. This specific provision supersedes any other conflicting terms in the franchise documents. This ensures that franchisees retain their rights and protections under state laws, regardless of what other documents might state.

For franchisees in Washington, the Washington Franchise Investment Protection Act takes precedence in the event of any conflict of laws. This means that the provisions of the Act will override conflicting terms in the franchise agreement, especially concerning termination and renewal rights. Similarly, for franchisees in Maryland, the Maryland Franchise Registration and Disclosure Law takes precedence where there are conflicts of laws. The Maryland addendum specifies that certain sections of the franchise agreement, such as those requiring a general release upon renewal or transfer or those related to termination upon bankruptcy, are subject to the stipulations and enforceability standards of Maryland law and federal bankruptcy law.

In Virginia, no statement, questionnaire, or acknowledgment can waive claims under state franchise law or disclaim reliance on statements made by City Publications. This provision also supersedes any other term in any document executed in connection with the franchise. For Wisconsin, the Wisconsin Fair Dealership Law will supersede any conflicting terms of the franchise agreement. These stipulations ensure that franchisees are protected by state laws and regulations, which take precedence over standard contractual terms in specific areas like waivers, terminations, and renewals.

These protections are typical in franchising, as state franchise laws are designed to protect franchisees from overreaching by franchisors. Prospective City Publications franchisees should carefully review these multi-state addenda to understand how their rights are specifically protected in their state. Franchisees should consult with an attorney to fully understand the implications of these provisions and how they apply to their specific circumstances.