factual

Does the Illinois amendment to the Pearce Bespoke Franchise Agreement supersede any other term of any document executed in connection with the franchise?

Pearce_Bespoke Franchise · 2025 FDD

Answer 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. This provision supersedes any other term of any document executed in connection with the franchise.

Source: Item 22 — CONTRACTS (FDD page 39)

What This Means (2025 FDD)

According to Pearce Bespoke's 2025 Franchise Disclosure Document, under the section titled "ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT PURSUANT TO THE ILLINOIS FRANCHISE DISCLOSURE ACT," it is stated that 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. This provision supersedes any other term of any document executed in connection with the franchise.

This means that the Illinois amendment takes precedence over any conflicting terms in other documents related to the franchise agreement. Specifically, any attempt to waive claims under Illinois franchise law or disclaim reliance on the franchisor's statements is invalid.

For a prospective Pearce Bespoke franchisee in Illinois, this provides an added layer of protection. It ensures that franchisees cannot inadvertently forfeit their rights under Illinois franchise law through signed statements or acknowledgements. This protection extends to claims of fraud in the inducement, meaning franchisees can't be forced to disclaim reliance on the franchisor's representations. This clause aims to prevent Pearce Bespoke from using fine print or standardized forms to circumvent Illinois franchise law, offering franchisees a stronger legal standing.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.