How must a waiver or amendment to the Creative World School agreement be executed to be considered valid?
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.
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
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 validity and enforceability of waivers, acknowledgements, and amendments to the franchise agreement, particularly concerning state-specific laws. For franchisees in Illinois, Maryland, New York and Virginia, any statement, questionnaire, or acknowledgement signed in connection with starting the franchise cannot waive claims under state franchise laws or disclaim reliance on the franchisor. These provisions override any conflicting terms in other franchise documents.
For instance, the Illinois Rider specifies that any condition in the agreement that attempts to waive compliance with Illinois law is void. Similarly, the Maryland Rider ensures that the general release required for renewal, sale, or transfer does not apply to liabilities under Maryland franchise law. These state-specific addenda are designed to protect franchisees' rights and ensure compliance with local regulations, regardless of what the standard franchise agreement might state.
To ensure any waiver or amendment is valid, a Creative World School franchisee must verify that it complies with all applicable state laws and that it does not require them to waive rights or claims protected by those laws. The documents related to the franchise agreement, including any riders or addenda, must be signed and delivered in counterparts by both the franchisee and Creative World Schools Franchising Company, Inc., indicating mutual intent to be bound by the terms. Prospective franchisees should carefully review these provisions with legal counsel to fully understand their rights and obligations.