In Washington, can a franchisee disclaim reliance on statements made by the franchisor or their representatives when starting a Crave Cookies franchise?
Crave_Cookies 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 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, franchisees in Washington cannot disclaim reliance on statements made by Crave Cookies or its representatives. Specifically, any statement, questionnaire, or acknowledgment signed by a franchisee cannot waive claims under state franchise law, including fraud, or disclaim reliance on statements made by the franchisor or its representatives. This provision takes precedence over any conflicting terms in any document related to the franchise agreement.
This protection ensures that Washington franchisees are not bound by clauses that might prevent them from pursuing legal action based on misrepresentations or omissions made by Crave Cookies during the franchise sales process. This addendum is crucial for protecting franchisees' rights and ensuring transparency in the franchise relationship within Washington state.
Furthermore, the FDD includes a Washington Franchise Disclosure Document and Franchise Agreement Addendum, which states that in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, will prevail. This reinforces the state's commitment to protecting franchisees and ensuring that state laws supersede any conflicting terms in the franchise agreement.