Which document term does the Illinois provision regarding waiver of claims and disclaiming reliance supersede for Ledgers?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment 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 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to the 2025 Ledgers Franchise Disclosure Document, a specific provision applies to franchisees in Illinois regarding waivers of claims and disclaiming reliance. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Ledgers or its representatives.
Specifically, the FDD states that this Illinois provision supersedes any other term of any document executed in connection with the franchise. This means that if any other document related to the Ledgers franchise contains terms that conflict with the franchisee's right to bring claims or rely on statements made by Ledgers, the Illinois provision takes precedence.
For a prospective Ledgers franchisee in Illinois, this is a beneficial protection. It prevents Ledgers from using standard contract language or other documents to inadvertently or intentionally limit the franchisee's legal rights under Illinois franchise law. This ensures that franchisees can pursue legal remedies if they believe they have been defrauded or misled, regardless of any waivers or disclaimers they may have signed in other documents.