factual

Does the Creative World School agreement supersede any prior agreements between the parties?

Creative_World_School Franchise · 2025 FDD

Answer from 2025 FDD Document

ons of non-renewal of a franchise agreement, along with the compensation requirements.

In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.

No statement, questionnaire or acknowledgement 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

The Franchisor will not approve any Site for your franchised School that is less than 9,400 square feet.

. Intending to be bound, you and we sign and deliver this Rider in 2 counterparts effective on the Agreement Date, regardless of the actual date of signature.

CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. YOU

RIDER TO CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. FRANCHISE AGREEMENT FOR USE IN ILLINOIS

This Rider is entered into this, 20 (the "Effective Date"), between CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC., a Florida corporation ("we," "us," "our" or "Franchisor"), with its principal business address at 25110 Bernwood Drive, Suite #104, Bonita Springs, Florida 34135, and , a whose principal business address is (referred to in this Rider as "you," "your" or "Franchisee") and amends the Franchise Agreement between the parties dated as of the Effective Date, (the "Agreement").

    1. Precedence and Defined Terms. This Rider is an integral part of, and is incorporated into, the Agreement. Nevertheless, this Rider supersedes any inconsistent or conflicting provisions of the Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Agreement.
      1. Termination. The following is added to Section 16 of the Agreement:

The conditions and notice requirements for termination of a franchise in Illinois are set forth in Section 19 of the Illinois Franchise Disclosure Act.

    1. Questionnaires and Acknowledgements. No statement, questionnaire or acknowledgement 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
    1. Governing Law. Section 20.7 of the Agreement is amended in its entirety to read as follows:

Illinois law governs the Franchise Agreement and all related agreements. .

5 Jurisdiction and Venue. Section 20.8 of the Agreement is amended by adding the following sentence:

In conformance with Section 4 of the Illinois Franchise Disclosure Act, any p provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.

    1. Waiver of Jury Trial. Section 20.9 of the Agreement is deleted in its entirety.
    1. Construction. Add the following sentence to Section 20.15 of the Agreement:

Any condition, stipulation, or provision contained in the Agreement purporting to waive compliance with any provision of the Illinois Act or any other Illinois law is void.

  1. Site Selection. Add the following sentence to Section 4.01 of the Agreement:

The Franchisor will not approve any Site for your franchised School that is less than 9,400 square feet.

Intending to be bound, you and we sign and deliver this Rider in 2 counterparts effective on the Agreement Date, regardless of the actual date of signature.

CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. YOU

ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. STATE OF MARYLAND

  1. The following is added to the disclosure document:

No statement, questionnaire or acknowledgement 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

  1. Sections (c) and (m) of Item 17 are amended by adding the following language:

The general release required as a condition of renewal, sale, and/or assignment or transfer will not apply to any liability under the Maryland Franchise and Disclosure Law (the "Maryland Law").

    1. Item 17 is amended by adding the following language after the table:
    • (a) The provision of the Franchise Agreement that provides for termination upon bankruptcy of the franchisee may not be enforceable under federal bankruptcy law (11 U.S.C. Section 101, et seq.)
    • (b) Any claims arising under the Maryland Law must be brought within 3 years after the grant of the franchise.
    • (c) A franchisee may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.

RIDER TO CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC. FRANCHISE AGREEMENT FOR USE IN MARYLAND

This Rider is entered into this, 20 (the "Effective Date"), between CREATIVE WORLD SCHOOLS FRANCHISING COMPANY, INC., a Florida corporation ("we," "us," "our" or "Franchisor"), with its principal business address at 25110 Bernwood Drive, Suite #104, Bonita Springs, Florida 34135, and , a whose principal business address is (referred to in this Rider as "you," "your" or "Franchisee") and amends the Franchise Agreement between the parties dated as of the Effective Date, (the "Agreement"). 1. Precedence and Defined Terms. This Rider is an integral part of, and is incorporated into, the Agreement. Nevertheless, this Rider supersedes any inconsistent or conflicting provisions of the Agreement. Terms not otherwise defined in this Rider have the meanings as defined in the Agreement. 2. Questionnaires and Acknowledgements. No statement, questionnaire or acknowledgement 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise. 3. Acknowledgments. Section 1.02 of the Agreement is deleted in its entirety. 3. General Release. The general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law. 4. Limitation of Claims. Provided, however, that any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise to you. 5. Jurisdiction.

Source: Item 23 — RECEIPTS (FDD pages 80–247)

What This Means (2025 FDD)

According to the 2025 Creative World School Franchise Disclosure Document, several addenda and riders address the superseding of agreements, particularly concerning specific legal rights and inconsistencies.

For franchisees in Illinois, New York, Maryland, and Virginia, the respective riders to the franchise agreement explicitly state that the rider supersedes any inconsistent or conflicting provisions of the agreement. This ensures that the specific legal protections and amendments provided in these state-specific riders take precedence over the standard franchise agreement terms. Additionally, any statement, questionnaire, or acknowledgement signed by the franchisee cannot waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on the franchisor. This provision also supersedes any other term in any document related to the franchise, reinforcing franchisee rights.

For instance, the New York addendum specifies that no statement or questionnaire can waive claims related to state franchise law or disclaim reliance on the franchisor, and this supersedes any other conflicting terms. Similarly, the Maryland addendum ensures that general releases required for renewal, sale, or transfer do not apply to liabilities under Maryland franchise law. These clauses are designed to protect franchisees by ensuring that certain rights and legal protections cannot be overridden by standard agreement terms or waivers. Creative World School franchisees should be aware of these state-specific protections and how they modify the standard franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.