Does the prohibition against waiving requirements under the Illinois Franchise Disclosure Act prevent a person from entering into a settlement agreement regarding a lawsuit filed under the provisions of the Illinois Franchise Disclosure Act related to a Crisp & Green franchise?

According to Crisp & Green's 2024 Franchise Disclosure Document, the prohibition against waiving requirements under the Illinois Franchise Disclosure Act does not prevent a person from entering into a settlement agreement regarding a lawsuit filed under the provisions of the Illinois Franchise Disclosure Act. This information is detailed in the Illinois Addendum within Item 23. This addendum applies if the franchisee is domiciled in Illinois, or if the franchise offer was made or accepted in Illinois, and the franchise business is or will be located in Illinois.

Specifically, the FDD states that while any condition that attempts to bind someone acquiring a Crisp & Green franchise to waive compliance with the Illinois Franchise Disclosure Act is void, this does not stop anyone from entering a settlement agreement. This also does not prevent the arbitration of any claims under Title IX of the United States Code.

For a potential Crisp & Green franchisee in Illinois, this means that while they cannot be forced to waive their rights under the Illinois Franchise Disclosure Act, they are still able to come to a settlement agreement with Crisp & Green should a dispute arise. This provides franchisees with the assurance that they retain the ability to resolve disputes through mutually agreed-upon settlements without being forced to surrender their legal protections under Illinois law.