For Bb.Q Chicken franchises in Virginia, what is the effect of a franchisee signing an acknowledgement that disclaims reliance on statements made by the franchisor?
Bb_Q_Chicken 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 62–283)
What This Means (2025 FDD)
According to the 2025 Bb.Q Chicken Franchise Disclosure Document, any acknowledgement signed by a franchisee in Virginia that attempts to disclaim reliance on statements made by the franchisor is not effective. This protection is in place due to Section 13.1-564 of the Virginia Retail Franchising Act.
Specifically, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or their representatives. This means that even if a franchisee signs a document suggesting they did not rely on the franchisor's statements, they are still legally able to claim they did rely on those statements if they pursue a legal claim.
This provision is designed to protect franchisees in Virginia from unknowingly or unintentionally giving up their rights to sue Bb.Q Chicken based on misrepresentations or fraudulent statements. The FDD explicitly states that this provision supersedes any other conflicting term in any document related to the franchise agreement, reinforcing the protection for franchisees in Virginia.