What does a Bb.Q Chicken franchisee (or developer) waive regarding representations of performance?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee (or developer) 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 62–283)
What This Means (2025 FDD)
According to the 2025 Bb.Q Chicken Franchise Disclosure Document, a franchisee or developer acknowledges that signing any statement, questionnaire, or acknowledgment related to the franchise commencement does not allow them to disclaim reliance on statements made by the franchisor or its representatives. This acknowledgement is specifically unenforceable in California, Maryland, and Washington.
This means that while Bb.Q Chicken franchisees must acknowledge certain statements, they do not waive their right to claim reliance on representations made by the franchisor, especially concerning potential misrepresentations or fraud. This protection is particularly emphasized under applicable state franchise laws.
This clause aims to protect franchisees from being bound by acknowledgements that could inadvertently waive their rights to pursue claims against the franchisor based on misleading information. It ensures that franchisees in those states retain their legal recourse if they believe they were induced into the franchise agreement through fraudulent or inaccurate statements. Prospective franchisees should carefully review all statements and disclosures made by Bb.Q Chicken and consult with legal counsel to fully understand their rights and obligations.