In Illinois, can a person acquiring a Mr. Sandless franchise waive compliance with the Illinois Franchise Disclosure Act?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation, or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
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, any attempt to waive compliance with the Illinois Franchise Disclosure Act is void. Specifically, Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation, or provision that seeks to bind someone acquiring a Mr. Sandless franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is not enforceable. This protects franchisees by ensuring they cannot unknowingly or unwillingly give up their rights under Illinois franchise law.
This provision means that Mr. Sandless franchisees in Illinois cannot be forced or persuaded to waive their rights or protections under the Illinois Franchise Disclosure Act. This includes any attempt by Mr. Sandless to include clauses in the franchise agreement that would require the franchisee to waive these rights. The FDD also states that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Mr. Sandless or its representatives. This further reinforces the protection against inadvertently relinquishing legal rights.
For a prospective Mr. Sandless franchisee in Illinois, this is a significant safeguard. It ensures that the franchisee retains all rights and remedies available under Illinois law, regardless of what the franchise agreement might otherwise state. This protection extends to claims of fraud or misrepresentation made during the franchise sales process. Franchisees should be aware of this protection and consult with an attorney if they believe their rights under the Illinois Franchise Disclosure Act are being compromised.