In Minnesota, can a franchisee waive claims under state franchise law or disclaim reliance on statements made by 1-800-GOT-JUNK? during the commencement of the franchise relationship?
1_800_Got_Junk 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 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 with the franchise.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, Minnesota franchisees are protected from waiving certain rights. Specifically, 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 related to fraud in the inducement.
This protection also extends to disclaiming reliance on statements made by 1-800-GOT-JUNK?, its franchise sellers, or anyone acting on its behalf. This means a franchisee cannot be forced to agree that they did not rely on information provided by 1-800-GOT-JUNK? when deciding to invest in the franchise.
This provision in the FDD is designed to supersede any other conflicting terms in any document related to the franchise agreement, ensuring that these protections for Minnesota franchisees are upheld. This modification is included in the Minnesota addendum to the franchise agreement.