What specific claims cannot be waived by an Augusta Lawn Care franchisee in Maryland?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
ty are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
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- 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.
AMENDMENT TO THE FRANCHISE AGREEMENT REQUIRED BY THE STATE OF MARYLAND
If any of the terms of the Franchise Agreement are inconsistent with the terms below, the terms below control.
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- Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.
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- A general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
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- This franchise agreement provides that disputes are resolved through arbitration. A Maryland franchise regulation states that it is an unfair or deceptive practice to require a franchisee to waive its right to file a lawsuit in Maryland claiming a violation of the Maryland Franchise Law. In light of the Federal Arbitration Act, there is some dispute as to whether this forum selection requirement is legally enforceable.
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- Notwithstanding Section 6.1, Section 6.2, or any other provision of the Agreement, all initial fees will be deferred until after Augusta Lawn Care's initial obligations to Franchisee are complete, and Franchisee has commenced operations.
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- Sections 11.6, 11.18, 11.20, 11.22, and 11.23 of the Franchise Agreement are stricken from the Franchise Agreement for residents of the State of Maryland.
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- All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
AUGUSTA FRANCHISE LLC doing business as Augusta Lawn Care Name: Mike Andes Title: Chief Executive Officer Delivery Addresses for Notices: Delivery Address for Notices: Augusta Franchise LLC 8115 Birch Bay Square, Suite 133 Blaine, Washington 98230
MINNESOTAADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT
Despite anything to the contrary in the Franchise Agreement, the following provisions will supersede and apply to all Franchises offered and sold in the State of Minnesota:
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- Any provision in the Franchise Agreement which would require you to assent to a release, assignment, novation or waiver that would relieve any person from liability imposed by Minnesota Statutes, Sections 80C.01 to 80C.22 will be void to the extent that such contractual provision violates such law.
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Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, several stipulations protect franchisees in Maryland from waiving certain rights and claims. Specifically, any representations requiring prospective franchisees to release, estop, or waive liability do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This ensures that franchisees cannot inadvertently or intentionally relinquish their rights under Maryland franchise law.
Additionally, no statement, questionnaire, or acknowledgment signed by a franchisee in connection with starting the franchise can waive claims under any applicable state franchise law, including claims of fraud in the inducement. Franchisees also cannot disclaim reliance on any statement made by Augusta Lawn Care, its sellers, or representatives. This provision overrides any conflicting terms in documents related to the franchise agreement, strengthening franchisee protections.
Furthermore, a general release required for renewal, sale, or transfer of the franchise does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law. This ensures that franchisees retain their rights to pursue claims related to franchise law violations even when transferring or renewing their franchise. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.
These protections are crucial for prospective Augusta Lawn Care franchisees in Maryland, as they prevent the franchisor from using waivers or releases to avoid liability under Maryland franchise law. Franchisees should be aware of these specific protections and consult with legal counsel to fully understand their rights under the Maryland Franchise Registration and Disclosure Law.