Does the Face Foundrie franchise agreement supersede any other term of any document executed in connection with the franchise regarding franchisee questionnaires and acknowledgements?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 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 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION OF THE FRANCHISE RELATIONSHIP (FDD pages 51–59)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, in certain states, a specific provision addresses the relationship between franchisee questionnaires/acknowledgements and other franchise documents. For franchisees and franchises 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, the FDD states that no statement, questionnaire, or acknowledgement signed by the franchisee can waive claims under state franchise law or disclaim reliance on franchisor statements.
This provision explicitly overrides any conflicting terms in other documents related to the franchise agreement. This means that Face Foundrie franchisees in those states are protected from inadvertently waiving their legal rights or disclaiming reliance on information provided by Face Foundrie during the initial franchising process.
For a prospective Face Foundrie franchisee, this is a beneficial protection. It ensures that any questionnaires or acknowledgements signed during the commencement of the franchise do not inadvertently strip away rights granted under applicable state franchise laws. This protection is particularly important in states with strong franchise laws designed to protect franchisees from potential overreach by franchisors. Franchisees operating outside of the listed states may not receive the same level of protection.
It is important for prospective franchisees to understand which state laws govern their franchise agreement and to seek legal counsel to fully understand their rights and obligations. Face Foundrie franchisees should pay close attention to any state-specific addenda included in the Franchise Disclosure Document, as these addenda outline specific legal requirements and protections applicable in their state.