For Bath Tune Up franchises in Maryland, what is the effect of a franchisee acknowledging the nonoccurrence of acts that might constitute a violation of the Maryland Franchise Law?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the franchise agreement, you must disclaim the occurrence and/or acknowledge the nonoccurrence of acts that might constitute a violation of the Maryland Franchise Law. These representations are not intended to nor do they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the franchise is granted.
No statement, questionnaire, or acknowledgement 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, if a franchisee in Maryland disclaims the occurrence and/or acknowledges the nonoccurrence of acts that might constitute a violation of the Maryland Franchise Law, these representations do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This means that even if a franchisee signs an acknowledgement, they do not forfeit their rights to make a claim under Maryland franchise law.
Furthermore, any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the franchise is granted. This sets a time limit for franchisees to bring any claims related to violations of the Maryland Franchise Law.
Finally, no statement, questionnaire, or acknowledgement signed by a Bath Tune Up franchisee in Maryland can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on any statement made by the franchisor. This provision supersedes any other term of any document executed in connection with the franchise, reinforcing the protection of franchisees' rights under Maryland law.