Does the provision regarding waiver of claims supersede other terms in documents related to the Ledgers franchise?
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 Ledgers's 2025 Franchise Disclosure Document, a specific provision addresses the waiver of claims and its relationship to other documents executed in connection with the franchise. The FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship can waive claims under state franchise law, including claims of fraud, or disclaim reliance on statements made by Ledgers or its representatives.
This provision is explicitly designed to take precedence over any other conflicting terms found in any document related to the franchise agreement. This means that even if other documents contain language that could be interpreted as a waiver of these rights, this specific clause ensures that franchisees retain their ability to pursue such claims.
For a prospective Ledgers franchisee, this is a beneficial protection. It prevents the franchisee from inadvertently waiving important legal rights through standard paperwork or acknowledgments signed when starting the franchise. This protection is particularly relevant in states with strong franchise laws, as it ensures those laws remain applicable despite any potentially conflicting language in the franchise agreement or related documents.