How must a waiver excusing any obligation imposed by the Addendum be executed for a Bens Soft Pretzels franchise?
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.
WASHINGTON ADDENDUM TO THE FRANCHISE DISCLOSURE DOCUMENT, THE FRANCHISE AGREEMENT, AND ALL RELATED AGREEMENTS
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, the stipulations regarding waivers are subject to state-specific franchise laws. For instance, the Virginia Addendum explicitly 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 franchisor statements. This supersedes any conflicting terms in franchise documents. Similarly, the North Dakota Addendum voids any provision requiring franchisees to consent to out-of-state jurisdiction or laws, ensuring North Dakota law governs disputes.
Furthermore, the Minnesota Addendum reinforces franchisee rights by prohibiting requirements to assent to releases, assignments, or waivers that would relieve liability under Minnesota Statutes §§80C.01 – 80C.22. These state addenda collectively ensure that franchisees' rights and protections under local laws are upheld, regardless of any general waivers or releases included in the standard franchise agreement.
Therefore, any waiver excusing obligations imposed by the Addendum must be carefully considered in light of applicable state laws, as these laws may render such waivers unenforceable or void. Prospective franchisees should consult with legal counsel to understand the specific implications of any waiver in their state and ensure compliance with local franchise regulations.