What effect does a franchisee's acknowledgement have on disclaiming reliance on statements made by the Aerus franchisor?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment 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 in connection with the franchise.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, any statement, questionnaire, or acknowledgement signed by a franchisee in connection with starting their franchise does not waive claims under state franchise law. This includes claims of fraud in the inducement. Furthermore, these documents cannot disclaim reliance on statements made by Aerus, franchise sellers, or anyone acting on behalf of Aerus. This specific provision overrides any other conflicting terms in any document related to the franchise agreement.
In simpler terms, even if an Aerus franchisee signs a document acknowledging certain information or disclaiming reliance on statements, that acknowledgement does not prevent them from pursuing legal claims against Aerus if they believe they were misled or defrauded. This protection extends to claims under applicable state franchise laws and ensures that franchisees retain their legal rights regardless of any acknowledgements they may have signed.
This clause is significant for prospective Aerus franchisees as it protects their right to seek legal recourse if they believe they were given false or misleading information that influenced their decision to invest in the franchise. It prevents Aerus from using standard acknowledgement forms to shield themselves from liability for misrepresentations, which is a beneficial safeguard for franchisees.