For an Amorino franchise, what is superseded by the provision regarding waiver of claims or disclaiming reliance on statements?
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 Amorino's 2025 Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee regarding the franchise relationship cannot waive claims under state franchise law, including fraud in the inducement. Additionally, these documents cannot disclaim reliance on statements made by Amorino, its sellers, or representatives. This provision takes precedence over any conflicting terms in documents related to the franchise agreement. This means that even if a franchisee signs a document that appears to waive certain rights or claims, this provision ensures that they still retain their rights under state franchise law and can rely on statements made by Amorino during the franchise sales process.
This protection is particularly important for prospective franchisees as it prevents Amorino from using waivers or disclaimers to shield itself from liability for misrepresentations or fraudulent statements made during the franchise sales process. It ensures that franchisees can pursue legal action if they believe they were misled or defrauded, even if they signed documents that seem to limit their ability to do so. This is a stronger protection for franchisees than is typical in the franchise industry.
This provision aims to protect franchisees from unknowingly giving up their legal rights or being bound by disclaimers that are inconsistent with state franchise laws. It reinforces the importance of Amorino providing accurate and truthful information to potential franchisees and ensures that franchisees have recourse if they are harmed by false or misleading statements.