What claims under state franchise law cannot be waived by an Aerus franchisee?

According to Aerus's 2025 Franchise Disclosure Document, an Aerus franchisee cannot waive certain claims under applicable state franchise law. Specifically, any statement, questionnaire, or acknowledgment signed by the franchisee cannot waive claims related to state franchise law, including fraud in the inducement. Additionally, franchisees cannot disclaim reliance on statements made by Aerus, its franchise sellers, or anyone acting on behalf of Aerus.

This provision is designed to protect franchisees from unknowingly giving up their legal rights. It ensures that franchisees can pursue claims against Aerus if they believe they were misled or defrauded during the franchise sales process. This protection extends to reliance on statements made by Aerus representatives, preventing Aerus from later arguing that the franchisee did not rely on those statements.

This clause supersedes any other conflicting terms in any document executed in connection with the franchise agreement. This means that even if other parts of the agreement seem to suggest that a franchisee is waiving certain rights, this specific provision takes precedence, reinforcing the franchisee's ability to pursue legal claims under state franchise law. This protection is a standard inclusion in franchise agreements to comply with franchise regulations and protect franchisees.