Does the Maryland Rider to the Bambu Franchise Agreement allow representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability to act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to the 2025 Bambu Franchise Disclosure Document, the Maryland Rider to the Franchise Agreement addresses waivers of liability under Maryland franchise law. Specifically, representations requiring prospective franchisees to release, estop, or waive liability will not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This provision is designed to protect franchisees' rights under Maryland law.
This means that even if a franchisee signs a document that appears to waive their rights, that waiver will not be valid with respect to claims arising under Maryland's franchise laws. This protection ensures that Bambu franchisees in Maryland retain their legal rights and remedies under state franchise law, regardless of any agreements they may sign.
Additionally, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Bambu or its representatives. This provision further reinforces the protection of franchisees' rights and supersedes any conflicting terms in other documents executed in connection with the franchise agreement. This is a beneficial provision for prospective franchisees as it prevents unintentional or coerced waivers of their legal rights under Maryland franchise law.