Can Bombs Away require a Bombs Away franchisee to prospectively assent to a release that relieves liability under the Indiana Deceptive Franchise Practices Act?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- (5) Requiring the franchisee to prospectively assent to a release, assignment, novation, waiver, or estoppel which purports to relieve any person from liability to be imposed by the Indiana Deceptive Franchise Practices Act or requiring any controversy between the franchisee and the franchisor to be re
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away is restricted from requiring a franchisee to prospectively agree to a release that would relieve any person from liabilities imposed by the Indiana Deceptive Franchise Practices Act.
This protection ensures that Bombs Away franchisees operating in Indiana retain their rights under the Indiana Deceptive Franchise Practices Act. It prevents Bombs Away from using the franchise agreement to preemptively shield itself from liability related to deceptive practices.
This provision is included in the Indiana Rider to Franchise Agreement, which specifically addresses the Indiana Deceptive Franchise Practices Act. This rider ensures that franchisees are not forced to waive their rights under this Act, maintaining their ability to pursue legal recourse if they believe they have been subjected to deceptive practices by Bombs Away.