Under what circumstances would a statement signed by a City Publications franchisee be considered ineffective regarding claims?
City_Publications 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 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, a statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with starting their franchise will not waive certain claims. Specifically, it cannot waive claims under any applicable state franchise law, including claims related to fraud in the inducement. Additionally, these documents cannot disclaim reliance on any statement made by City Publications, its franchise sellers, or anyone acting on their behalf. This protection is in place to ensure franchisees retain their rights under state franchise laws and can hold City Publications accountable for any misrepresentations made during the franchise sales process.
This provision is significant for prospective City Publications franchisees as it prevents the franchisor from using standard paperwork to shield itself from liability for violating franchise laws or making misleading statements. Franchisees retain the right to pursue legal action if they believe they were induced into the franchise agreement through fraudulent means or if City Publications made inaccurate claims. This protection applies regardless of any other terms in the franchise agreement or related documents.
This type of clause is common in franchise agreements to protect franchisees, especially in states with strong franchise laws. It aims to balance the power dynamic between the franchisor and franchisee, ensuring that franchisees are not unknowingly giving up their legal rights at the outset of the franchise relationship. The multi-state addenda explicitly states that this provision supersedes any other term of any document executed in connection with the franchise, reinforcing its importance.