For Aerus franchises in Maryland, what is prohibited regarding statements signed by a franchisee in connection with the franchise relationship?
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, certain statements signed by a franchisee are prohibited in connection with the franchise relationship. Specifically, in Maryland, no statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise can waive claims under Maryland franchise law. This includes claims of fraud related to inducing the franchisee to enter the agreement.
Additionally, franchisees in Maryland are protected from disclaiming reliance on statements made by Aerus, its franchise sellers, or anyone acting on Aerus's behalf. This means a franchisee cannot sign away their right to hold Aerus accountable for representations made during the franchise sales process. This protection is designed to ensure that franchisees can pursue legal remedies if they believe they were misled.
This provision overrides any conflicting terms in any document related to the franchise agreement, reinforcing the protection for franchisees in Maryland. Aerus includes a state addendum to the franchise agreement for Maryland, further emphasizing the importance of adhering to state-specific regulations and ensuring franchisees are aware of their rights and protections under Maryland law.