Does the Buff City Soap Training Liability Waiver legally bind the franchisee?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS AGREEMENT RESULTS IN YOU WAIVING RIGHTS AND POTENTIAL RIGHTS, WHETHER ON YOUR OWN BEHALF AND/OR ON BEHALF OF SOMEONE FOR WHOM YOU ARE AUTHORIZED TO MAKE SUCH DECISIONS AND AGREEMENTS. THE PERSON WHOSE RIGHTS ARE BEING WAIVED AND RELEASED IS THE "RELEASEE". YOU SHOULD NOT EXECUTE THIS AGREEMENT UNTIL AND UNLESS YOU COMPLETELY UNDERSTAND IT AND UNRESERVEDLY AND IRREVOCABLY CONSENT TO IT. THIS AGREEMENT IS LEGALLY BINDING.
Good Judgment and Good Conduct by Releasee. Releasee warrants and represents that Releasee is capable of using, and shall use, good judgment with regard to Releasee's conduct in connection with, participation in and/or observation of activities (the "Activities") in connection with initial training program for franchisees hosted by Buff City Soap Franchising, LLC and its affiliates (collectively, the "Company"). Some of the Activities will involve some level of potential harm, and Releasee, in its discretion, must and shall decide to participate in, or observe, Activities only if and to the extent Releasee can reasonably and is comfortable doing so. Releasee agrees not to participate in Activities if Releasee is uncomfortable or unsure regarding the safety or appropriateness of participating. Releasee will otherwise act in a manner which is respectful and safe toward others during and relating to the Activities and when participating in or being present at any in person or online Company sponsored, organized, or affiliated event or program and when on property owned or controlled by Company.
Appropriate and Sufficient Health, Medical, Physical, Mental, and Emotional Condition. Releasee warrants and represents that Releasee is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities that Releasee will be participating in and that Releasee has no problems or issues which would endanger Releasee or others due to such participation.
Source: Item 6 — , Securities Offering Fee, in the amount column is revised to state the following: (FDD pages 216–303)
What This Means (2025 FDD)
According to the 2025 Buff City Soap Franchise Disclosure Document, the Training Liability Waiver is legally binding. The waiver requires the franchisee (referred to as "Releasee") to acknowledge that they are waiving certain rights and potential rights, both on their own behalf and on behalf of anyone for whom they are authorized to make such decisions. The document emphasizes that the franchisee should not sign the agreement unless they fully understand and consent to its terms.
The waiver also stipulates that the franchisee must use good judgment and conduct during the initial training program hosted by Buff City Soap Franchising, LLC. Given that some activities may involve potential harm, the franchisee must decide whether to participate based on their comfort level and understanding of the risks. The franchisee also warrants that they are in appropriate health and condition to participate in the activities without endangering themselves or others.
However, the FDD includes addenda for franchisees in specific states like Maryland, Illinois, South Dakota, Virginia, and Washington which modify the standard agreement. For example, the Maryland addendum states that any representations requiring a release, estoppel, or waiver of liability will not act as such under the Maryland Franchise Registration and Disclosure Law. Similarly, the Washington addendum notes that no statement signed by a franchisee can waive claims under applicable state franchise law. Therefore, the enforceability of the Training Liability Waiver may vary depending on the franchisee's location and the specific state laws in place.