What franchisee rights might supersede the Body20 franchise agreement?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
, agents,
employees, or representatives have made any representation to you, express or implied, as to the historical revenues, earnings, or profitability of any Studio or the anticipated revenues, earnings, or profitability of the business subject to the license or any other business operated by us, our licensees, our franchisees, or our affiliates. Any information you have acquired from other franchisees regarding their sales, profits or cash flows is not information obtained from us, and we make no representation about that information's accuracy
18.6 No Waiver or Disclaimer of Reliance in Certain States. The following provision applies only to franchisees and 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, 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.
[Signature page follows]
IN WITNESS WHEREOF, upon signing below, each of the undersigned has executed this Agreement under seal as of the Effective Date.
BODY20 FRANCHISOR LLC
APPENDIX A TO THE FRANCHISE AGREEMENT
FRANCHISEE-SPECIFIC TERMS
- 1. Effective Date:
- 2. Franchisee's Name:
- 3. Franchisee's State of Organization (if applicable):
- **4.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to the 2025 Body20 Franchise Disclosure Document, a franchisee's rights under state franchise laws may supersede the franchise agreement in certain states. Specifically, for franchisees and studios 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, no signed statement can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Body20 or its representatives. This provision takes precedence over any conflicting terms in the franchise agreement.
Additionally, the FDD mentions specific protections for franchisees in Minnesota. Minnesota Statutes Section 80C.21 and Minnesota Rule 2860.4400J prevent Body20 from requiring litigation to occur outside of Minnesota, except in specific cases. The franchise agreement does not reduce any rights under Minnesota Statutes Chapter 80.C or rights to procedures, forums, or remedies provided by Minnesota law. Furthermore, if required by Minnesota franchise law, the mutual waiver of jury trial and punitive damages, as well as limitations on claims, may be deleted from the franchise agreement.
These stipulations ensure that Body20 franchisees in the specified states retain certain statutory rights, regardless of what the standard franchise agreement might state. This is a fairly common practice in franchising, as many states have franchise-specific laws designed to protect franchisees from potentially overreaching terms imposed by franchisors. Prospective franchisees should carefully review the specific laws of their state and consult with an attorney to fully understand their rights and how they interact with the franchise agreement.