Under what conditions is a waiver valid regarding a breach of contract with Moes Southwest Grill?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- 815 ILCS § 705/41 (Illinois Franchise Disclosure Act) states that "any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of this Act or any other law of this State is void."
-
- Section 21.1 (Your Acknowledgements) is deleted from all Illinois Franchise Agreements.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to the 2025 Moe's Southwest Grill Franchise Disclosure Document, the enforceability of a waiver concerning compliance with the law varies by state. Specifically, in Illinois, any condition that requires a franchisee to waive compliance with any provision of the Illinois Franchise Disclosure Act or any other Illinois law is considered void. This means that Moe's Southwest Grill franchisees in Illinois cannot be forced to give up their rights under Illinois law. Section 21.1 (Your Acknowledgements) is deleted from all Illinois Franchise Agreements.
This protection ensures that franchisees operating in Illinois are not bound by clauses in the franchise agreement that might compromise their legal rights or protections under Illinois state laws. This is a critical consideration for prospective franchisees in Illinois, as it provides a safeguard against potentially overreaching terms in the franchise agreement.
For prospective franchisees outside of Illinois, it is important to consult with a legal professional to understand the specific state laws that govern franchise agreements and whether similar protections against waiving legal rights exist in their state. The FDD does not provide specific details on waiver conditions in other states, so direct inquiry with Moe's Southwest Grill and independent legal advice are essential to fully understand the scope and limitations of waivers in the relevant jurisdiction.