Does the Maryland Addendum to the Brueggers Bagels Franchise Agreement supersede any other term of any document executed in connection with the franchise regarding waiver of claims or disclaiming reliance?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee 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 behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 61–335)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, the Maryland Addendum to the Franchise Agreement includes a provision that addresses the waiver of claims and disclaiming reliance. Specifically, the addendum states that no statement, questionnaire, or acknowledgment signed by a franchisee in connection with starting the franchise can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on the franchisor. This specific provision takes precedence over any conflicting terms in any document related to the franchise agreement. This protection applies only if the Franchise Agreement and the relationship between the franchisee and Brueggers Bagels meet the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law, without considering the addendum itself.
For a prospective Brueggers Bagels franchisee in Maryland, this means that certain rights under Maryland franchise law are protected and cannot be waived through standard documents signed during the franchise commencement. This includes protection against unintentionally waiving claims of fraud. The addendum ensures that franchisees retain their legal rights under Maryland law, regardless of other agreements or acknowledgments they may sign.
However, it is important to note that this protection is specifically tied to the jurisdictional requirements of Maryland franchise law. If those requirements are not met independently of the addendum, the provision may not apply. Additionally, the addendum explicitly states that all other aspects of the Franchise Agreement remain in full effect, except as expressly modified by the addendum. Therefore, franchisees should carefully review the entire Franchise Agreement and the Maryland Addendum to fully understand their rights and obligations.