What is the effect of a franchisee's acknowledgement regarding reliance on statements made by Aerus?
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 acknowledgment signed by a franchisee does not waive claims under state franchise law, including fraud in the inducement. It also does not disclaim reliance on statements made by Aerus, its sellers, or anyone acting on Aerus's behalf. This provision overrides any conflicting terms in other documents related to the franchise agreement.
This means that even if an Aerus franchisee signs a document suggesting they did not rely on statements made by Aerus, they are still legally able to claim they relied on those statements, especially in cases of fraud. This protects the franchisee's rights under applicable state franchise laws.
This type of clause is included to protect franchisees and ensure they are not unknowingly giving up their legal rights. It allows franchisees to pursue legal action if they believe they were misled during the franchise sales process, regardless of any acknowledgments they may have signed. This is a beneficial provision for prospective Aerus franchisees, as it provides an additional layer of legal protection.