factual

Does the Floyds 99 Franchise Agreement Rider supersede other terms in documents related to the franchise?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 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 the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

Source: Item 23 — RECEIPT (FDD pages 58–229)

What This Means (2025 FDD)

According to the 2025 FDD, the Floyds 99 Franchise Agreement Rider can supersede other terms in documents related to the franchise, but this depends on the specific state where the franchise is located. For instance, the Illinois Rider states that "This provision supersedes any other term of any document executed in connection with the franchise." This clause specifically applies to statements, questionnaires, or acknowledgments signed by a franchisee regarding claims under state franchise law or reliance on franchisor statements.

In contrast, for franchisees in Maryland, the rider includes specific statements that are added to particular sections of the Franchise Agreement, such as Sections 18.2.f and 19.3.d, clarifying that certain provisions do not apply to claims arising under Maryland franchise law. Similarly, the Minnesota Rider modifies specific sections of the Franchise Agreement, such as adding paragraphs to Section 15.4 regarding protection against infringement claims and altering Section 24.4 concerning litigation and franchisee rights under Minnesota law.

For franchisees in Virginia and New York, the addenda also include provisions stating that certain franchisee acknowledgments do not waive claims under state franchise law and that these provisions supersede other conflicting terms. These state-specific riders and addenda ensure that the franchise agreement complies with local laws and protects franchisees' rights within those jurisdictions. Therefore, whether the Rider supersedes other terms depends on the specific clause in question and the state where the franchise operates.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.