In connection with the commencement of the Bath Tune Up franchise relationship, can a franchisee disclaim reliance on any statement made by the franchisor in Hawaii?
Bath_Tune_Up 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 any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 52–222)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up Franchise Disclosure Document, a franchisee in Hawaii cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on their behalf when starting the franchise relationship. This protection extends to claims under state franchise law, including fraud in the inducement.
This means that any agreement a franchisee signs that attempts to waive their right to claim they relied on misleading statements from Bath Tune Up is invalid. This provision is designed to protect franchisees from being bound by disclaimers that could prevent them from pursuing legal action if they were misled during the franchise sales process.
This clause supersedes any other conflicting terms in any document related to the franchise agreement, reinforcing the franchisee's right to rely on statements made by Bath Tune Up and its representatives. This ensures that franchisees retain their legal rights and recourse, even if other parts of the agreement suggest otherwise.