For Amerispec Inspection Services franchises in Maryland, do franchisee acknowledgments or representations that disclaim violations of the Franchise Law act as a release of liability under the Maryland Franchise Registration and Disclosure Law?

According to Amerispec Inspection Services's 2025 Franchise Disclosure Document, specifically for franchises operating in Maryland, franchisee acknowledgments or representations that disclaim the occurrence or acknowledge the non-occurrence of acts that would violate the Franchise Law will not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This protection is explicitly stated in an amendment to Section 24 of the Franchise Agreement. This means that even if a franchisee makes statements seemingly absolving Amerispec Inspection Services of responsibility for violations, those statements will not prevent the franchisee from pursuing claims under Maryland's franchise laws.

This provision is favorable for prospective Amerispec Inspection Services franchisees in Maryland, as it ensures that they retain their rights under the Maryland Franchise Registration and Disclosure Law, regardless of any acknowledgments or representations they might make during the franchise relationship. It prevents Amerispec Inspection Services from using franchisee statements to shield itself from liability for violating franchise laws. This protection is particularly important because franchise agreements often contain numerous acknowledgments and representations by the franchisee.

Furthermore, the FDD includes an addendum to the franchise agreement for Maryland franchises. This addendum explicitly states that the general release required as a condition of renewal, sale, assignment, and/or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law. It also clarifies that any limitation on the period of time arbitration and/or litigation claims must be brought shall not reduce the three-year statute of limitations afforded to a franchisee for bringing a claim arising under the Maryland Franchise Registration and Disclosure Law. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise.

In summary, the Maryland-specific provisions in the Amerispec Inspection Services franchise agreement are designed to protect franchisees' rights under Maryland franchise law. These provisions ensure that franchisees cannot inadvertently waive their rights through acknowledgments or representations and that they have a reasonable period to bring claims against the franchisor.