What does the Craters & Freighters franchise agreement state regarding the precedence of the franchisee questionnaires and acknowledgements in relation to other terms of the franchise documents?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgement signed or agreed to by you 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 us, any franchise seller, or any other person acting on behalf of us. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship does not waive rights under state franchise law. This includes claims related to fraudulent inducement or disclaiming reliance on statements made by Craters & Freighters or its representatives.
This provision is significant because it protects franchisees from inadvertently giving up legal rights through standard paperwork. It ensures that franchisees can still pursue claims of fraud or misrepresentation, even if they signed documents that might suggest otherwise. This protection is particularly important in states with franchise-specific laws designed to safeguard franchisee interests.
The FDD explicitly states that this clause supersedes any other conflicting terms in any document related to the franchise agreement. This means that if any other part of the franchise agreement or related documents contradicts this protection, this specific provision takes precedence, reinforcing the franchisee's rights under applicable state franchise laws.