Does the Creative World School franchise agreement supersede any prior agreements?
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According to the 2025 Creative World School Franchise Disclosure Document, the franchise agreement may be superseded by specific addenda or riders, depending on the franchisee's location. For instance, the Rider to the Franchise Agreement for use in New York, Virginia, Illinois, and Maryland states that while the Rider is an integral part of the Franchise Agreement, its provisions will take precedence over any inconsistent or conflicting terms within the original agreement. This ensures that specific state laws and regulations are accommodated and adhered to, modifying the original agreement where necessary.
This means that a Creative World School franchisee needs to be aware of any state-specific riders or addenda that apply to their franchise agreement. These riders are designed to amend the original agreement to comply with local laws, and their terms will override any conflicting terms in the standard franchise agreement. Franchisees should carefully review these riders with legal counsel to fully understand their rights and obligations in their specific state.
Furthermore, the addenda often address acknowledgements and questionnaires signed during the commencement of the franchise relationship. These addenda ensure that no franchisee waives their rights under applicable state franchise laws, including claims related to fraud in the inducement, or disclaims reliance on statements made by Creative World School. This provision supersedes any other term in any document executed in connection with the franchise, providing additional protection to the franchisee. Therefore, prospective franchisees should pay close attention to these clauses and understand that these protections are in place regardless of other documents they may sign.
In summary, while the Creative World School franchise agreement is a comprehensive document, it is subject to modifications and superseding clauses through state-specific riders and addenda. These adjustments are crucial for ensuring compliance with local laws and protecting the rights of the franchisee. A thorough review of all applicable documents is essential for any prospective franchisee to fully understand the terms of their agreement.