Must any waiver to the Creative World School agreement be in writing?
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, any statement, questionnaire, or acknowledgement signed by a franchisee regarding the commencement of the franchise relationship cannot waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on behalf of the franchisor. This provision takes precedence over any conflicting terms in documents related to the franchise agreement.
This means that Creative World School franchisees are protected from unintentionally waiving their legal rights through standard documents they sign when starting the franchise. This protection extends to claims related to state franchise laws and prevents the franchisor from disclaiming responsibility for statements made during the franchise sales process.
For franchisees in Illinois, any condition, stipulation, or provision in the agreement that attempts to waive compliance with the Illinois Act or any other Illinois law is considered void. Similarly, for franchisees in Maryland, the general release required for renewal, sale, assignment, or transfer will not apply to any liability under the Maryland Franchise and Disclosure Law. These stipulations reinforce the protection of franchisees' rights under state laws, ensuring that franchisees cannot inadvertently relinquish their rights through contractual clauses.
In New York and Virginia, similar protections are in place, ensuring that franchisees cannot waive claims under state franchise law or disclaim reliance on statements made by the franchisor or its representatives. These provisions collectively aim to safeguard the legal rights of Creative World School franchisees, preventing unintentional waivers and ensuring compliance with state-specific franchise regulations.