Does the Floyds 99 franchise agreement supersede any other document regarding waiver of claims?

According to the 2025 Floyds 99 Franchise Disclosure Document, the franchise agreement's ability to supersede other documents regarding waivers of claims depends on the state in which the franchise operates. In several states, addenda specify that certain provisions within questionnaires or acknowledgements signed by franchisees do not waive claims under applicable state franchise laws, including fraud in the inducement, or disclaim reliance on statements made by Floyds 99. These addenda explicitly state that they supersede any other conflicting terms in any document executed in connection with the franchise. This means that in states like Virginia, New York, Maryland and California, the state-specific addenda take precedence over any general waiver clauses in the franchise agreement or other related documents, protecting the franchisee's rights under state laws.

For example, in California, no disclaimer, questionnaire, clause, or statement signed by a franchisee can be interpreted as waiving claims of fraud in the inducement or disclaiming reliance on information provided by Floyds 99. Similarly, in Maryland, any general release required for renewal, sale, or transfer of the franchise does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law. These state-specific protections ensure that franchisees retain their rights and remedies under state laws, regardless of what the general franchise agreement might state.

In Minnesota, any releases signed by the franchisee will not apply to claims arising under the Minnesota Franchise Act. Furthermore, Minnesota law prohibits Floyds 99 from requiring litigation to occur outside of Minnesota, mandating jury trial waivers, or requiring consent to liquidated damages. Similarly, in North Dakota, any provision requiring franchisees to consent to the jurisdiction of courts outside North Dakota or to consent to the application of laws of a state other than North Dakota may be unenforceable under North Dakota law. Therefore, prospective Floyds 99 franchisees should carefully review the addenda specific to their state to understand the extent to which their rights are protected and how the franchise agreement interacts with state franchise laws regarding waivers and claims.