Does the Illinois addendum supersede any other term of any document executed in connection with the Mr. Sandless franchise?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgement 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 behalf of the 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 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 30–34)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, a specific provision within the Illinois addendum does indeed supersede other terms in documents related to the franchise. This provision states that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship can waive claims under Illinois franchise law, including fraud, or disclaim reliance on statements made by Mr. Sandless or its representatives.
This means that any agreement a franchisee signs cannot be used to prevent them from pursuing legal claims against Mr. Sandless if they believe they have been defrauded or misled. This protection is significant for franchisees as it ensures they retain their rights under Illinois law, regardless of what other documents might state.
For a prospective Mr. Sandless franchisee in Illinois, this addendum provides an important safeguard. It prevents Mr. Sandless from using standard contract language to limit the franchisee's ability to seek legal recourse. This is particularly relevant in franchising, where the franchisor typically has more legal and financial resources than the franchisee. This clause ensures that franchisees are not inadvertently waiving their rights at the outset of the franchise relationship.