For Buff City Soap franchises in Maryland, are representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability intended to act as a release, estoppel, or waiver of liability incurred under the Maryland Franchise Registration and Disclosure Law?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
All representations (including the Franchisee Disclosure Questionnaire) requiring prospective franchisees to assent to a release, estoppel or waiver or liability are not intended to, nor shall they act as a release, estoppel or waiver of liability incurred under the Maryland Franchise Registration and Disclosure Law.
Source: Item 17 — (r) is amended subject to Indiana Code 23-2-2.7-1(9) to provide that the post-term noncompetition covenant shall have a geographical limitation of the territory granted to Franchisee. (FDD pages 210–216)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, any representations requiring prospective franchisees in Maryland to agree to a release, estoppel, or waiver of liability are not intended to act as a release, estoppel, or waiver of liability under the Maryland Franchise Registration and Disclosure Law. This means that even if a franchisee signs documents that appear to waive their rights, those waivers will not be enforced regarding liabilities arising from Maryland's franchise laws. This protection is specifically designed to safeguard franchisees' rights under Maryland law.
This provision ensures that Buff City Soap franchisees in Maryland retain their legal rights and remedies under the Maryland Franchise Registration and Disclosure Law, regardless of any agreements they may sign. This is particularly important because it prevents the franchisor from using standard contract language to inadvertently or intentionally limit the franchisee's ability to pursue claims related to violations of Maryland franchise law. The FDD also states that any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.
In practical terms, this means a Buff City Soap franchisee in Maryland cannot be forced to give up their right to sue the franchisor for violations of Maryland franchise law through a release, estoppel, or waiver. This protection is significant because it allows franchisees to seek legal recourse if they believe Buff City Soap has violated their rights under Maryland franchise regulations. This modification to the standard franchise agreement reflects Maryland's commitment to protecting franchisees and ensuring fair franchising practices within the state.