What does a Bens Soft Pretzels franchisee waive regarding amounts due under the Agreement?
Bens_Soft_Pretzels 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 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, a Virginia franchisee does not waive claims under state franchise law, including fraud claims, or disclaim reliance on franchisor statements. Specifically, any statement, questionnaire, or acknowledgment signed by a franchisee regarding the franchise relationship will not waive claims under state franchise law, including fraud, or disclaim reliance on franchisor statements. This provision overrides any conflicting terms in franchise documents.
This protection is due to Section 13.1-564 of the Virginia Retail Franchising Act, which the FDD acknowledges. This statute makes it unlawful for a franchisor to cancel a franchise without reasonable cause. If any default or termination grounds in the franchise agreement do not constitute "reasonable cause" under Virginia law, that provision may be unenforceable.
This addendum ensures that franchisees in Virginia retain their rights and protections under the Virginia Retail Franchising Act, preventing them from inadvertently waiving these rights through standard franchise agreement clauses. This is a significant protection for franchisees, as it allows them to pursue legal remedies if they believe they have been defrauded or unfairly treated by Bens Soft Pretzels.