For Beef O Bradys franchisees in Maryland, what claims are protected from being waived by any statement, questionnaire, or acknowledgment signed in connection with the commencement of the franchise relationship?
Beef_O_Bradys 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 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys FDD, franchisees in Maryland are protected from waiving certain claims through any statement, questionnaire, or acknowledgment signed when starting their franchise relationship. Specifically, these documents cannot waive claims under any applicable state franchise law, including claims related to fraud in the inducement.
This protection means that a Beef O Bradys franchisee in Maryland cannot unknowingly or unintentionally give up their right to pursue legal action against the franchisor for violations of Maryland franchise law. This includes instances where the franchisee believes they were misled or deceived into signing the franchise agreement. The FDD emphasizes that this provision overrides any conflicting terms in any document related to the franchise agreement.
This safeguard is particularly important for prospective franchisees as it ensures they retain their legal rights and recourse options under Maryland law, regardless of any standard waivers or releases included in the franchise documents. It also ensures that franchisees can rely on the statements and representations made by Beef O Bradys during the franchise sales process without fear of those statements being disclaimed later.