Does the release language in the Auntie Annes Franchise Agreement relieve Auntie Annes from liability imposed by Indiana franchising laws?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
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- The laws of the State of Indiana supersede any provisions of the Franchise Agreement and any the other agreements, or Georgia law, if these provisions are in conflict with Indiana law.
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- No release language stated in the Franchise Agreement relieves us or any other person, directly or indirectly, from liability imposed by the laws concerning franchising of the State of Indiana.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, the release language stated in the Franchise Agreement does not relieve Auntie Annes or any other person, directly or indirectly, from liability imposed by Indiana franchising laws. This protection is specifically included in the Indiana Addendum to the Disclosure Document.
This means that even if the Franchise Agreement contains language that seems to release Auntie Annes from certain liabilities, those clauses will not be enforceable to the extent that they conflict with Indiana's franchise laws. This ensures that franchisees in Indiana retain the rights and protections afforded to them under state law.
Furthermore, the laws of Indiana supersede any provisions of the Franchise Agreement or Georgia law if those provisions conflict with Indiana law. This reinforces the priority of Indiana law in governing the franchise relationship within the state. This protection is designed to safeguard franchisees from potentially overreaching or unfair terms in the standard franchise agreement.