Does the Virginia notice in the Focus Cfo FDD supersede other terms in the franchise agreement?

According to Focus Cfo's 2025 Franchise Disclosure Document, the Virginia notice includes a provision that supersedes other terms in the franchise agreement. Specifically, the notice states that no statement, questionnaire, or acknowledgment signed by a franchisee in connection with starting the franchise can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Focus Cfo or its representatives.

This provision explicitly overrides any other term in any document related to the franchise. This means that Focus Cfo franchisees in Virginia are protected from unknowingly waiving their rights or disclaiming reliance on the franchisor's statements through standard documents signed during the franchise commencement. This protection is particularly relevant to claims of fraud in the inducement, ensuring franchisees can pursue such claims despite any conflicting language in other agreements.

This type of clause is designed to protect franchisees by ensuring they cannot inadvertently give up their legal rights through standardized paperwork. It reflects a regulatory effort to balance the power dynamic between franchisors and franchisees, especially in states with franchise-specific laws like Virginia. However, the Virginia notice applies only to franchisees who are residents of Virginia or locate their franchises in Virginia.