What is the statute of limitations for claims arising under the Maryland Franchise Registration and Disclosure Law for an Aplus franchise, according to the amendment?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise. This amendment clarifies the time frame within which a franchisee can file a lawsuit related to violations of Maryland's franchise laws. This provision is included in the state-specific addenda for Maryland, indicating that it is designed to comply with Maryland law.
This means that if an Aplus franchisee in Maryland believes that Aplus has violated the Maryland Franchise Registration and Disclosure Law, they have a limited time to take legal action. Specifically, the franchisee must initiate any legal proceedings within three years from the date the franchise was granted. Failure to do so within this timeframe could result in the claim being time-barred, meaning the franchisee would lose the right to sue for the alleged violation.
This type of clause is common in franchise agreements to provide clarity and set expectations for both the franchisor and franchisee regarding legal claims. Prospective franchisees should be aware of this limitation and consult with an attorney to understand their rights and obligations under Maryland law and the franchise agreement. It is also important to keep accurate records and documentation related to the franchise relationship to support any potential claims that may arise.