Does the Floors To Go renewal agreement supersede the original agreement?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
THE FOLLOWING TABLE LISTS CERTAIN IMPORTANT PROVISIONS OF THE FRANCHISE AGREEMENT PERTAINING TO ASSIGNMENT AND CHOICE OF LAW WHICH MAY BE SUPERSEDED BY THE MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE LAW.
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.
THIS DISCLOSURE DOCUMENT IS PROVIDED FOR YOUR OWN PROTECTION AND CONTAINS A SUMMARY ONLY OF CERTAIN MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
Based on the 2025 Floors To Go Franchise Disclosure Document, Exhibit D-6 includes a Maryland disclosure which states that certain provisions of the franchise agreement pertaining to assignment and choice of law may be superseded by the Maryland Franchise Registration and Disclosure Law. Similarly, Exhibit D-15 contains a Washington disclosure indicating that the disclosure document summarizes certain material provisions of the franchise agreement.
Additionally, Exhibit D-14 contains a Virginia disclosure stating that no statement, questionnaire, or acknowledgment signed by a franchisee shall waive any claims under any applicable state franchise law, including fraud in the inducement, or disclaiming reliance on any statement made by the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
These disclosures suggest that while the renewal agreement generally governs the franchise relationship, specific state laws or provisions may take precedence over certain aspects of the agreement to protect the franchisee's rights and ensure compliance with local regulations. Therefore, franchisees should carefully review these state-specific disclosures and consult with legal counsel to understand how they may affect their rights and obligations under the Floors To Go franchise agreement.