Under the Virginia Amendment for Amorino, what effect is prohibited regarding franchisee statements on franchise relationship commencement?
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, the Virginia Amendment addresses franchisee statements made at the commencement of the franchise relationship. Specifically, any statement, questionnaire, or acknowledgment signed by a franchisee cannot waive claims under Virginia franchise law, including claims of fraud in the inducement.
This amendment also ensures that franchisees cannot disclaim reliance on statements made by Amorino, its sellers, or representatives. This protection is significant because it prevents Amorino from using standardized documents to shield itself from liability for misrepresentations made during the franchise sales process. The amendment explicitly states that it supersedes any conflicting terms in any document related to the franchise agreement.
For a prospective Amorino franchisee in Virginia, this amendment provides an added layer of legal protection. It means that signing a standard franchise agreement or related documents will not automatically forfeit their right to pursue legal claims against the franchisor if they believe they were misled or defrauded. This is a beneficial provision, as it allows franchisees to address grievances under state law without being bound by potentially restrictive clauses in the franchise agreement.