Does the amendment to the Amorino franchise agreement allow a franchisee to disclaim reliance on statements made by the franchisor?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
"No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee 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 any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise."
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to the 2025 Amorino Franchise Disclosure Document, the amendment to the franchise agreement does not allow a franchisee to disclaim reliance on statements made by the franchisor. This means that any statement, questionnaire, or acknowledgment signed by the franchisee related to the start of the franchise relationship cannot waive claims under state franchise law, including claims of fraud, or disclaim reliance on statements made by Amorino, its sellers, or representatives.
This provision is designed to protect franchisees from being bound by clauses that might prevent them from pursuing legal action based on misrepresentations or false promises made during the franchise sales process. It ensures that franchisees retain their rights to claim reliance on statements made by Amorino, which is a significant safeguard.
This protection supersedes any other conflicting terms in any document related to the franchise agreement, reinforcing the importance of this clause. This means that even if other parts of the agreement seem to suggest that a franchisee is waiving their right to rely on certain statements, this specific amendment takes precedence, offering a stronger legal standing for the franchisee.