Does the All County Acknowledgment Addendum address limitations on claims related to the operation of the All County business?
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 All County's 2025 Franchise Disclosure Document, the Acknowledgment Addendum aims to clarify understandings and potential limitations on claims related to the franchise. The document emphasizes the importance of honest responses to determine if any unauthorized or misleading statements were made during the franchise offer. This addendum seeks to ensure that prospective franchisees understand the limitations on claims they can make regarding the franchise's sale and the operation of their All County business.
However, the addendum includes a crucial caveat for franchisees operating in Maryland. It states that any representations requiring franchisees to waive liability will not act as a waiver of liability under the Maryland Franchise Registration and Disclosure Law. This suggests that while the addendum generally aims to limit potential claims, it respects the specific legal protections afforded to franchisees under Maryland law.
This means that franchisees should carefully review the Acknowledgment Addendum and understand its implications for their rights and potential claims, especially concerning the operation of their All County franchise. Franchisees in Maryland should be aware that the addendum does not override the protections provided by Maryland franchise law. Prospective franchisees should seek legal counsel to fully understand the scope and limitations of the Acknowledgment Addendum in their specific circumstances.