Does the provision regarding waiver of claims supersede any other term of any document executed in connection with the Flowerama franchise?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
No statement, questionnaire, or acknowledgement 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 franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 72–77)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, a specific provision addresses the enforceability of statements, questionnaires, or acknowledgements signed by a franchisee at the start of their franchise relationship. This provision is designed to protect franchisees from unintentionally waiving rights or disclaiming reliance on franchisor statements.
Specifically, the FDD states that no such document can waive claims under applicable state franchise law, including claims of fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by Flowerama, its sellers, or representatives. This means that even if a franchisee signs a document that appears to waive these rights, the waiver may not be enforceable.
Importantly, the FDD emphasizes that this protection supersedes any other conflicting terms in any document related to the Flowerama franchise. This suggests that Flowerama prioritizes protecting franchisees' rights under state franchise laws and ensuring they can rely on the franchisor's representations, regardless of other contractual language. This could be seen as a positive aspect for prospective franchisees, as it provides an additional layer of security and legal recourse.