What representation is the franchisee making by signing the All County questionnaire?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
Dated: As Individuals: Do not sign this Acknowledgment Addendum if you are a resident of Maryland or the business is to be operated in Maryland.
Acknowledgments and Representations.
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, by signing the Acknowledgment Addendum, the franchisee is attesting to the accuracy of the information provided in the questionnaire. All County uses this questionnaire to determine if any unauthorized or untrue statements were made during the franchise sales process. This helps All County ensure that prospective franchisees understand the limitations on claims they can make regarding the franchise offer, sale, and business operation.
However, the FDD also includes some important caveats regarding these questionnaires. Specifically, for franchisees in New York and Virginia, any statement, questionnaire, or acknowledgment signed by the franchisee cannot waive claims under state franchise law, including claims of fraud in the inducement. Additionally, these documents cannot disclaim reliance on statements made by All County or its representatives. This means that even if a franchisee signs a questionnaire, they still retain certain legal rights and protections under state law.
For prospective franchisees, especially those in Maryland, New York, and Virginia, it's crucial to understand the implications of signing any questionnaires or acknowledgments. Maryland residents should not sign the Acknowledgment Addendum at all. While these documents help All County gather information and confirm understanding, they do not necessarily waive all rights or claims a franchisee may have, particularly in states with strong franchise laws. Franchisees should carefully review all documents and consult with an attorney to fully understand their rights and obligations.