Does the All County Acknowledgment Addendum address limitations on claims made by the franchisee?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
As you know, you and we are entering into a Franchise Agreement for the operation of an ALL COUNTY® franchise. The purpose of this Acknowledgment Addendum is to determine whether any statements or promises were made to you that we have not authorized or that may be untrue, inaccurate or misleading, and to be certain that you understand the limitations on claims that may be made by you by reason of the offer and sale of the franchise and operation of your business. Please review each of the following questions carefully and provide honest responses to each question. All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of liability incurred under the Maryland Franchise Registration and Disclosure Law.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 All County Franchise Disclosure Document, the Acknowledgment Addendum addresses limitations on claims made by franchisees. The document states that the purpose of the addendum is to determine if any unauthorized, untrue, inaccurate, or misleading statements or promises were made to the franchisee. It also aims to ensure the franchisee understands the limitations on claims they can make regarding the offer, sale, and operation of the All County franchise.
This addendum requires prospective franchisees to carefully review and honestly answer questions about any representations made during the franchise sales process. This process helps All County identify any potential misrepresentations or misunderstandings early on, which can mitigate future disputes. However, the addendum also clarifies that for franchisees operating in Maryland, any representations requiring a release, estoppel, or waiver of liability will not act as such regarding liability incurred under the Maryland Franchise Registration and Disclosure Law.
For a prospective All County franchisee, this means carefully reviewing the Acknowledgment Addendum and providing honest answers. This step is crucial to protect their rights and ensure they fully understand the limitations on any claims they might make. Franchisees should pay special attention to the implications of signing such a document and seek legal counsel if they have any concerns about the representations made by the franchisor during the sales process. Franchisees operating in Maryland should be aware that certain waivers may not be enforceable under Maryland law.