In Illinois, what law governs the interpretation and construction of the Goldfish Swim School Franchise Agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
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- No statement, questionnaire or acknowledgement signed or agreed to by a franchisee is connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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- Each provision of this Amendment shall be effective only to the extent that the jurisdictional requirements of the Illinois Franchise Disclosure Act, with respect to each such provision, are met independent of this Amendment. This Amendment shall have no force or effect if such jurisdictional requirements are not met.
Source: Item 22 — CONTRACTS (FDD pages 76–77)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School Franchise Disclosure Document, an addendum to the Area Development Agreement addresses the state of Illinois. Specifically, the Illinois Franchise Disclosure Act governs the interpretation and construction of the Goldfish Swim School franchise agreement in Illinois.
According to the FDD, no statement, questionnaire, or acknowledgement 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 behalf of the Franchisor. This provision takes precedence over any other term in any document executed related to the franchise.
Each provision of the amendment is effective only if the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently of the amendment. The amendment has no effect if these jurisdictional requirements are not met. This ensures that the franchisee's rights and protections under Illinois law are maintained and cannot be inadvertently waived or disclaimed through standard franchise documents.