If a Cream franchisee is in Wisconsin, does the state-specific rider supersede other terms in documents related to the franchise?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
AGREED* and executed and delivered under seal by the parties hereto as of the day and year
of the Lease.
ATTACHMENT F TO FRANCHISE AGREEMENT
STATE-SPECIFIC RIDERS
The state-specific terms below will apply to this Agreement and modify the terms to this Agreement, if the transaction satisfies the jurisdictional requirements described below for any particular state law and is not otherwise exempt from such law. The provisions of multiple states may apply.
The following provision applies if you or the franchise granted hereby are subject to the franchise laws in Illinois, Indiana, Maryland, Michigan, Minnesota, Virginia, or Wisconsin: No statement, questionnaire, or acknowl
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to the 2025 FDD, if a Cream franchisee is subject to franchise laws in Wisconsin, a specific provision applies that supersedes other terms in the franchise documents. This provision states that no statement, questionnaire, or acknowledgment signed by the franchisee in connection with starting the franchise can waive any claims under applicable state franchise law, including claims of fraud, or disclaim reliance on statements made by Cream or its representatives.
This means that Cream franchisees in Wisconsin retain their rights and protections under Wisconsin franchise law, regardless of any agreements or statements they may have signed. This is particularly relevant concerning potential disputes or claims against Cream, ensuring that franchisees are not inadvertently waiving their legal rights. The state-specific rider ensures that the franchisee's rights under Wisconsin law are fully protected and cannot be undermined by standard contractual language.
This type of clause is common in franchise agreements to comply with state franchise laws, which often aim to protect franchisees from overreaching franchisors. Prospective Cream franchisees in Wisconsin should carefully review the state-specific rider and understand their rights under Wisconsin franchise law, consulting with legal counsel if necessary, to fully grasp the implications of this provision.