Does the Body20 franchise agreement allow a franchisee to disclaim reliance on statements made by the franchisor or its representatives through signed questionnaires or acknowledgements?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provision applies only to franchisees and franchised Studios that are subject to the state franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and/or Wisconsin:
No statement, questionnaire, or acknowledgement signed or agreed to by you 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 us, any franchise seller, or any other person acting on behalf of us. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to the 2025 Body20 Franchise Disclosure Document, the franchise agreement generally does not allow a franchisee to disclaim reliance on statements made by Body20 or its representatives through signed questionnaires or acknowledgements, especially in certain states.
Specifically, for franchisees subject to franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, any statement, questionnaire, or acknowledgement signed cannot waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Body20 or its representatives. This provision overrides any conflicting terms in any document related to the franchise agreement.
For prospective Body20 franchisees, this means that in the listed states, they retain their rights to make claims based on statements made by the franchisor, even if they have signed documents seemingly disclaiming reliance on those statements. This protection is particularly relevant in cases of alleged fraud. However, franchisees outside of these specific states may be subject to different rules regarding disclaimers of reliance, so it's important to consult the FDD and seek legal advice to understand the full scope of their rights and obligations.