In Minnesota, can I disclaim reliance on statements made by Beverly Anns Cookie or their representatives when commencing a franchise relationship?
Beverly_Anns_Cookie 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 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, Minnesota law protects franchisees from unintentionally waiving their rights. Specifically, any agreement signed by a franchisee at the start of their franchise relationship cannot disclaim reliance on statements made by Beverly Anns Cookie or its representatives. This includes protection against fraud in the inducement. This provision takes precedence over any conflicting terms in the franchise agreement.
For a prospective Beverly Anns Cookie franchisee in Minnesota, this means that you cannot waive your right to bring a claim against the franchisor based on statements they made to induce you to invest in the franchise. This protection is afforded to franchisees under Minnesota Statutes, Section 80C.21, which states that nothing in the dispute resolution section of the agreement can reduce any of your rights as provided for in Minnesota Statutes, Chapter 80.C.
This clause ensures that franchisees are not bound by clauses that might inadvertently strip them of their legal rights under Minnesota franchise law. It strengthens the franchisee's position by ensuring they can hold Beverly Anns Cookie accountable for representations made during the franchise sales process. This is a significant protection for franchisees, as it prevents franchisors from using contractual language to shield themselves from liability for misrepresentations or fraudulent statements.