How does the Wisconsin Fair Dealership Law affect the Extreme Art Studio Franchise Agreement?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
The Wisconsin Fair Dealership Law, Chapter 135 of the Wisconsin Statutes supersedes any provision of the Franchise Agreement if such provision is in conflict with that law. The Franchise Disclosure Document, the Franchise Agreement and the Supplemental Agreements are amended accordingly.
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 49–214)
What This Means (2024 FDD)
According to the 2024 Extreme Art Studio Franchise Disclosure Document, the Wisconsin Fair Dealership Law, specifically Chapter 135 of the Wisconsin Statutes, takes precedence over any conflicting provisions within the Extreme Art Studio Franchise Agreement. This means that if any part of the Franchise Agreement clashes with the Wisconsin Fair Dealership Law, the law will be the governing standard. The FDD also states that the Franchise Disclosure Document, the Franchise Agreement, and any Supplemental Agreements are amended to reflect this.
This protection ensures that Extreme Art Studio franchisees in Wisconsin are afforded the rights and protections under Wisconsin law, regardless of what the standard franchise agreement might say. This is particularly important because franchise agreements are often drafted to favor the franchisor, and state laws like the Wisconsin Fair Dealership Law help to balance the power dynamic.
Furthermore, any statement, questionnaire, or acknowledgment signed by an Extreme Art Studio franchisee in Wisconsin cannot waive claims under applicable state franchise law, including claims related to fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision is designed to prevent franchisees from inadvertently giving up their legal rights during the initial stages of the franchise relationship. This clause supersedes any other conflicting terms in any document related to the franchise agreement, reinforcing the protection for the franchisee.