Under Indiana law, is a Crave franchisee allowed to waive any claims or rights?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Under Indiana Code 23-2-2.7-1 (10), franchisee may not agree to waive any claims or rights.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to the 2025 Crave Franchise Disclosure Document, Indiana law protects franchisees from waiving their legal rights. Specifically, the Indiana addendum to the Crave franchise agreement states that franchisees operating in Indiana cannot agree to waive any claims or rights they possess. This provision is included to ensure compliance with Indiana Code 23-2-2.7-1 (10), which explicitly prohibits such waivers. This protection is designed to safeguard franchisees from potentially overreaching terms in the franchise agreement that might otherwise limit their ability to pursue legal remedies.
This addendum modifies the standard Crave franchise agreement to align with Indiana state law. Without this addendum, certain clauses in the standard agreement might be interpreted as requiring franchisees to waive rights, which would be unenforceable in Indiana. The inclusion of this provision demonstrates Crave's awareness of and adherence to state-specific franchise regulations, ensuring that the franchise agreement complies with local legal requirements.
For a prospective Crave franchisee in Indiana, this means that they retain all legal rights and claims, and any attempt by Crave to enforce a waiver of these rights would be invalid. This provides an added layer of security and legal recourse for franchisees operating in Indiana, ensuring they are not disadvantaged by potentially restrictive contract terms. It is important for prospective franchisees to carefully review the Indiana addendum and understand their rights under Indiana law before entering into a franchise agreement with Crave.