For Aplus franchises in Maryland, does the Franchisee Disclosure Questionnaire act as a release of liability under the Maryland Franchise Registration and Disclosure Law?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
| 8. Has any employee or other person speaking on our behalf made any statement or promise concerning a APLUS Store that is contrary to, or different from, the information contained in the disclosure document? | |
|---|---|
| 9. | |
| Has any employee or other person speaking on our behalf made any statement or promise | |
| concerning the likelihood of success that you should or might expect to achieve from operating a APLUS | |
| Store? | |
| 10. | |
| Has any employee or other person speaking on our behalf made any statement, promise or | |
| agreement concerning the advertising, marketing, training, support service or assistance that we will furnish | |
| to you that is contrary to, or different from, the information contained in the disclosure document? | |
| 11. | |
| If you have answered "Yes" to any of questions 7 through 10, please provide a full explanation of | |
| your answer in the following blank lines. (Attach additional pages, if necessary, and refer to them below.) | |
| If you have answered "No" to each of these questions, please leave the following lines blank or write "not | |
| applicable" or "N/A". | |
| 12. | |
| Do you understand that in all dealings with you, our officers, directors, employees and agents act | |
| only in a representative capacity and not in an individual capacity and these dealings are solely between | |
| you and us? | |
| You understand that your answers are important to us and that we will rely on them. | |
| The following only applies to Maryland residents and/or franchises to be operated in the State of | All representations requiring prospective franchisees to assent to a release, es |
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the Franchisee Disclosure Questionnaire does not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This protection is specifically highlighted for Maryland residents or franchises operating in Maryland.
This means that even if a prospective Aplus franchisee signs the Franchisee Disclosure Questionnaire, their rights and protections under Maryland's franchise laws remain intact. The questionnaire is designed to identify unauthorized statements or promises made during the franchise sales process, but it cannot be used to waive the franchisee's legal rights under Maryland law.
For a prospective Aplus franchisee in Maryland, this is a crucial safeguard. It ensures that they cannot inadvertently relinquish their rights through the questionnaire. It also reinforces that any attempt by Aplus to use the questionnaire to circumvent Maryland franchise law is invalid. Franchisees should still complete the questionnaire truthfully, understanding that their answers will not compromise their legal standing under Maryland law.