Regarding the Crisp & Green franchise, do you understand that the Franchise Agreement contains the entire agreement, superseding any prior oral or written statements not included in the Franchise Agreement or Disclosure Document?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
No statement, questionnaire, or acknowledgment 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 any statement made by any franchisor, franchise seller, or other person acting 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 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, several state-specific addenda clarify the relationship between signed documents and state franchise laws. 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, including fraud in the inducement, or disclaim reliance on statements made by Crisp & Green or its representatives. This provision takes precedence over any conflicting terms in other documents.
For franchisees in Virginia, only the terms within the Franchise Agreement, Area Development Agreement, and other written agreements are binding, subject to applicable state law. Any promises or representations made outside these documents may not be enforceable. Similarly, the North Dakota Addendum specifies that its provisions supersede any inconsistent terms in the Area Development Agreement for residents or businesses located in North Dakota.
These addenda serve to protect franchisees by ensuring that their rights under state franchise laws are not inadvertently waived or disclaimed through standard documents. Prospective Crisp & Green franchisees should be aware of the specific addenda applicable to their state and consult with legal counsel to fully understand their rights and obligations. It is important to rely on the written agreements and the FDD itself, rather than any verbal promises or assurances, when making decisions about investing in a Crisp & Green franchise.