Does Bombs Away require franchisees to consent to a limitation of claims in the franchise agreement?

According to the 2024 Bombs Away FDD, the franchise agreements may require franchisees in North Dakota to consent to a limitation of claims. This means that Bombs Away's standard franchise agreement could include a clause that restricts the franchisee's ability to bring certain types of legal claims against the franchisor. However, the FDD specifies that the statute of limitations under North Dakota law applies to these limitations of claims.

For a prospective Bombs Away franchisee in North Dakota, this implies that they need to be aware of the specific limitations outlined in the franchise agreement and understand how these limitations could affect their legal rights. It is important to consult with an attorney to fully understand the implications of such a clause. The franchisee should also be aware of the statute of limitations in North Dakota, which sets a deadline for filing a lawsuit.

It is fairly common for franchise agreements to contain clauses that limit the types of claims a franchisee can bring against the franchisor, or to shorten the statute of limitations for bringing such claims. However, these clauses are not always enforceable, and they may be subject to certain legal restrictions. Bombs Away franchisees should carefully review the franchise agreement and any related documents to understand their rights and obligations.