What happened to Article 25.14 regarding consent to jurisdiction in the All County franchise agreement?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum pertains to residents of the State of Maryland and franchises to be located in the State of Maryland and is for the purpose of complying with Maryland statutes and regulations. Notwithstanding anything which may be contained in the body of the Franchise Agreement to the contrary, the Agreement is amended as follows:
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- Article 1.1 of the Franchise Agreement is deleted in its entirety.
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- Article 25.14 is amended to provide that you may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
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- Article 25.17 is amended to provide that any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the Franchise Agreement.
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- 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.
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- Any general release required in the Franchise Agreement as a condition of renewal, sale, and/or assignment or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
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- No statement, questionnaire, or acknowledgement signed or agreed to by you 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 us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 All County Franchise Disclosure Document, Article 25.14 of the franchise agreement is amended for franchisees in Maryland. Specifically, it is revised to allow franchisees to file lawsuits in Maryland concerning claims arising under the Maryland Franchise Registration and Disclosure Law. This amendment ensures that Maryland franchisees have the right to pursue legal claims related to franchise law within their own state, regardless of any conflicting terms in the standard franchise agreement.
This modification is outlined in an addendum that addresses compliance with Maryland statutes and regulations. The addendum explicitly states that its provisions override any contradictory information in the main body of the Franchise Agreement. This ensures that the rights of Maryland franchisees under state law are protected and enforceable.
Prospective All County franchisees in Maryland should carefully review this addendum to understand their legal rights and options. It is a common practice for franchise agreements to be modified by state-specific addenda to comply with local laws, and this amendment to Article 25.14 is a clear example of such an adjustment. Franchisees should consult with a legal professional to fully understand the implications of these changes.