Does the Creative World School agreement supersede prior negotiations?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD 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.
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
According to the 2025 Creative World School Franchise Disclosure Document, the franchise agreement, along with specific addenda and riders, takes precedence over prior agreements in certain situations. For franchisees in Illinois, New York, Maryland, and Virginia, the FDD includes riders and addenda that explicitly state that certain provisions supersede any inconsistent or conflicting terms within the standard franchise agreement.
Specifically, these riders address issues such as statements or acknowledgements made during the commencement of the franchise relationship. The riders ensure that franchisees do not waive rights under state franchise laws, including claims related to fraud. This means that any prior negotiations or agreements that conflict with these protections are superseded by the terms outlined in the riders and addenda.
For a prospective Creative World School franchisee, this indicates that the written franchise agreement and its associated riders are the controlling documents. Franchisees should carefully review these documents and understand their rights, especially concerning state-specific protections. It is also important to note that these superseding provisions primarily relate to specific issues like waivers of legal claims and reliance on franchisor statements, and may not apply to all aspects of prior negotiations.