Does the Franchise Agreement contain the entire agreement between the franchisee and Creative World School?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
According to the 2025 Creative World School FDD, several addenda and riders modify the standard franchise agreement, suggesting that the initial agreement may not represent the entirety of the understanding between the franchisor and franchisee. For franchisees in specific states like Maryland, Illinois, New York, and Virginia, riders are incorporated into the agreement to account for state-specific laws and regulations. These riders take precedence over any conflicting provisions in the original agreement.
For example, the Rider for use in Illinois amends sections of the agreement related to governing law, jurisdiction, waiver of jury trial, and site selection, adding clauses to ensure compliance with the Illinois Franchise Disclosure Act. Similarly, the Rider for Maryland addresses issues such as general releases, limitation of claims, and jurisdiction, ensuring franchisees retain certain rights under Maryland law. These riders become integral parts of the franchise agreement, supplementing or superseding the original terms.
Furthermore, addenda to the Franchise Disclosure Document for states like Maryland and Virginia include provisions that prevent franchisees from waiving claims under state franchise laws or disclaiming reliance on statements made by the franchisor. These additions emphasize that the franchise relationship is also governed by these addenda, which modify the original agreement. Therefore, prospective franchisees should carefully review the franchise agreement along with all applicable riders and addenda to fully understand their rights and obligations.
Given the presence of these riders and addenda, it is crucial for potential Creative World School franchisees to understand that the initial Franchise Agreement is not necessarily the complete picture. They must consider all incorporated documents to grasp the full scope of their contractual relationship with Creative World School, especially concerning state-specific legal protections and obligations.