In Washington, can I disclaim reliance on statements made by Bath Tune Up when commencing a franchise?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
2.3.6 Required Statement
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 with the franchise.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2025 FDD)
According to the 2025 Bath Tune Up FDD, a franchisee in any state cannot waive claims of fraud in the inducement or disclaim reliance on statements made by Bath Tune Up or its representatives. This protection is explicitly stated to override any conflicting terms in any document executed with the franchise agreement.
This means that even if a Bath Tune Up franchisee signs an agreement attempting to waive their right to claim they relied on the franchisor's statements, that agreement is unenforceable. This provision aims to protect franchisees from being misled during the franchise sales process and ensures they can hold Bath Tune Up accountable for any misrepresentations.
This type of clause is included to comply with franchise laws in certain states, which seek to protect franchisees from overreaching by franchisors. Prospective Bath Tune Up franchisees should be aware of this protection, as it allows them to pursue legal remedies if they believe they were induced into signing the franchise agreement based on false or misleading information provided by Bath Tune Up.