Regarding the Afuri Ramen Dumpling franchise agreement, what specific representations and acknowledgments within Section 9.15 are subject to deletion if they are not permissible or enforceable under state franchise laws?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
The representations and acknowledgments in Section 9.15 of the Franchise Agreement (entitled "Additional Representations and Acknowledgments") are hereby deleted to the extent they are not permissible or enforceable under applicable state franchise laws.
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 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, Section 9.15 of the Franchise Agreement, entitled "Additional Representations and Acknowledgments," will be deleted to the extent that any part of it is not permissible or enforceable under the franchise laws of the relevant state. This means that if a specific representation or acknowledgment within that section conflicts with state franchise law, it will not apply to the Afuri Ramen Dumpling franchisee in that state.
Additionally, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including claims of fraud, or disclaim reliance on statements made by the franchisor or its representatives. This provision takes precedence over any other conflicting terms in any document related to the franchise agreement.
This ensures that franchisees retain their rights and protections under state laws, regardless of what the franchise agreement might otherwise state. It also prevents Afuri Ramen Dumpling from enforcing terms that would violate state franchise laws, providing an added layer of security for the franchisee.