What effect do statements, questionnaires, or acknowledgments signed by a franchisee have on disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor related to a Bumble Roofing franchise?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment 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 any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 43–45)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship does not waive claims under state franchise law. This includes claims of fraud in the inducement, nor does it disclaim reliance on statements made by Bumble Roofing, its franchise sellers, or anyone acting on its behalf. This protection is highlighted in addenda to the franchise agreement for franchisees in California, Illinois, Maryland, New York, Virginia, and Washington.
This provision is designed to protect franchisees from inadvertently waiving their legal rights or being bound by disclaimers that could prevent them from pursuing legitimate claims against Bumble Roofing. It ensures that franchisees can rely on the information provided to them during the franchise sales process and are not penalized for signing standard documents. This clause supersedes any conflicting terms in other documents related to the franchise agreement.
For a prospective Bumble Roofing franchisee, this means that signing a statement, questionnaire, or acknowledgment will not prevent them from bringing a claim against the franchisor based on misrepresentations or violations of state franchise laws. This offers a degree of security, knowing that their rights are protected even after signing various documents during the franchise commencement. Franchisees should still carefully review all documents and seek legal advice to fully understand their rights and obligations, but this provision provides an additional layer of protection.
It is common for franchise agreements to include clauses that attempt to limit the franchisor's liability. However, many states have franchise laws that protect franchisees from overreaching provisions. The Bumble Roofing FDD explicitly states that these protections apply, ensuring that franchisees' rights are upheld under applicable state laws, particularly concerning fraud and reliance on franchisor statements.