factual

In Maryland, do any acknowledgements or representations by a Bigfoot Forestry franchisee that disclaim or acknowledge acts that would constitute a violation of Maryland Law act as a release of liability?

Bigfoot_Forestry Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Any acknowledgements or representations by you that disclaim the occurrence and/or acknowledge the non-occurrence of acts that would constitute a violation of the Maryland Law are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Law.
    1. Nothing in the Franchise Agreement, Supplemental Agreement or in any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document.

Source: Item 23 — RECEIPT (FDD pages 42–162)

What This Means (2025 FDD)

According to Bigfoot Forestry's 2025 Franchise Disclosure Document, specific provisions address acknowledgements or representations made by a franchisee in Maryland. In Maryland, any acknowledgements or representations by a Bigfoot Forestry franchisee that disclaim the occurrence and/or acknowledge the non-occurrence of acts that would constitute a violation of Maryland Law are explicitly stated as not acting as a release, estoppel, or waiver of any liability incurred under Maryland Law. This amendment is made in recognition of the requirements of the Maryland Franchise Law.

This means that even if a prospective Bigfoot Forestry franchisee makes certain statements or acknowledgements during the application process that might seem to disclaim potential violations of Maryland law, these statements will not protect the franchisee from liability under Maryland's franchise laws. This provision is designed to protect franchisees and ensure that they cannot inadvertently waive their rights or release Bigfoot Forestry from its obligations under Maryland law through preliminary acknowledgements or representations.

Furthermore, the FDD states that nothing in the Franchise Agreement, Supplemental Agreement, or any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document. This reinforces the importance of the disclosures made in the FDD and ensures that Bigfoot Forestry cannot use other agreements to undermine the protections provided by the FDD under Maryland law. This is a crucial protection for franchisees, ensuring that the franchisor remains accountable for the information provided in the FDD and cannot circumvent liability through other contractual clauses.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.