For Crisp & Green franchises, does the provision regarding waiver of claims and disclaimer of reliance supersede other terms in documents executed in connection with the franchise?

According to the 2024 Crisp & Green Franchise Disclosure Document, addenda to the disclosure document address the waiver of claims and disclaimer of reliance. For franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, no statement, questionnaire, or acknowledgment can waive claims under state franchise law or disclaim reliance on statements made by Crisp & Green or its representatives. This provision overrides any conflicting terms in other franchise-related documents.

Specifically, addenda for California, Maryland, and Virginia reiterate that no statement can waive claims or disclaim reliance on statements made by the franchisor, franchise seller, or their representatives, and that this provision supersedes any other term in any document executed in connection with the franchise. For Illinois and Indiana, the same provision applies, superseding other terms, but is effective only if the jurisdictional requirements of their respective state laws are met independently of the addendum.

For a prospective Crisp & Green franchisee, this means that the ability to pursue claims under state franchise laws and rely on the franchisor's statements is protected, regardless of any waivers or disclaimers in other documents, particularly in the listed states. However, franchisees should be aware of the specific conditions and limitations outlined in the addenda for Illinois and Indiana, which require independent jurisdictional requirements to be met for the provision to be effective.