What claims are not waived by any statement, questionnaire, or acknowledgment signed by an Apricot Lane franchisee?
Apricot_Lane 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 anydocument executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, any statement, questionnaire, or acknowledgment signed by a franchisee cannot waive claims under applicable state franchise law, including fraud in the inducement. Additionally, these documents cannot disclaim reliance on any statement made by the franchisor, franchise seller, or anyone acting on behalf of Apricot Lane. This provision takes precedence over any other conflicting terms in documents related to the franchise agreement.
This means that even if an Apricot Lane franchisee signs a document that appears to waive certain rights or claims, those waivers will not be enforceable if they violate state franchise laws or disclaim reliance on statements made by Apricot Lane during the franchise sales process. This protects franchisees from inadvertently giving up important legal rights or being bound by disclaimers that are contrary to franchise laws.
This type of protection is relatively common in franchising, as many state franchise laws are designed to protect franchisees from overreaching by franchisors. The inclusion of this clause in the Apricot Lane franchise agreement reinforces the franchisor's commitment to complying with these laws and ensuring that franchisees are not unfairly disadvantaged. Prospective franchisees should still carefully review all documents and seek legal advice to fully understand their rights and obligations, but this provision offers some assurance that certain fundamental protections cannot be waived.
It is important for potential Apricot Lane franchisees to understand that while this provision protects certain claims, it does not cover all possible disputes or waivers. Franchisees are still expected to conduct their own due diligence and bear the risks associated with operating a business. However, this clause provides a safeguard against unknowingly waiving rights under state franchise laws or disclaiming reliance on representations made by Apricot Lane during the franchise sales process.