Are representations requiring prospective Bang Cookies franchisees to assent to a release, estoppel, or waiver of liability intended to act as a waiver of liability under the Maryland Franchise Registration and Disclosure Law?

According to Bang Cookies' 2024 Franchise Disclosure Document, any representations requiring prospective franchisees to agree to a release, estoppel, or waiver of liability are not intended to act as a waiver of liability under the Maryland Franchise Registration and Disclosure Law. This protection is explicitly stated in the Maryland Franchise and Development Agreement Amendment.

Specifically, the FDD states that nothing within the Franchise Agreement should be interpreted as a waiver of any right granted to the franchisee under the Maryland Franchise Registration and Disclosure Law. This ensures that franchisees retain their legal rights and protections under Maryland law, regardless of any general releases or waivers they may sign as part of the franchising process.

Furthermore, the FDD includes amendments to the Franchise Agreement to reinforce this protection. For instance, any general release required as a condition of renewal, sale, assignment, or transfer of a Franchise Agreement will not apply to any liability under the Maryland Franchise Registration and Disclosure Law. This provision aims to prevent Bang Cookies from inadvertently or intentionally circumventing the legal rights of its franchisees in Maryland. These stipulations are effective only if the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are independently met, without relying on these amendments.