Does the 'No Waiver or Disclaimer of Reliance' provision for Crisp & Green supersede other terms in documents executed in connection with the franchise?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
The following provision applies only to franchisees and franchises that are subject to the state franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin:
No statement, questionnaire, or acknowledgement signed or agreed to by you 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 us, any franchise seller, or any other person acting on our behalf. 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 Crisp & Green's 2024 Franchise Disclosure Document, a 'No Waiver or Disclaimer of Reliance' provision is included in addenda for franchisees in certain states. This provision ensures that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Crisp & Green, its franchise sellers, or representatives.
Specifically, the FDD states that this provision supersedes any other term of any document executed in connection with the franchise. This means that if there's a conflict between this provision and any other clause in the franchise agreement or related documents, the 'No Waiver or Disclaimer of Reliance' provision will take precedence.
This protection applies to franchisees subject to franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin. For prospective Crisp & Green franchisees in these states, this addendum offers an additional layer of legal protection, ensuring their rights under state franchise laws cannot be inadvertently waived or disclaimed through standard contractual language.