Does the Bumble Roofing franchise agreement allow a franchisee to disclaim reliance on statements made by the franchisor or its representatives?
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 the 2025 Bumble Roofing Franchise Disclosure Document, the franchise agreement does not allow a franchisee to disclaim reliance on statements made by Bumble Roofing or its representatives. Specifically, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision takes precedence over any conflicting terms in other documents related to the franchise agreement. This protection is further reinforced by addenda for specific states like New York and Washington, which clarify that state franchise laws supersede any conflicting terms in the franchise agreement.
This means that a Bumble Roofing franchisee retains the right to pursue legal action based on misrepresentations or false statements made by the franchisor during the franchise sales process, regardless of any disclaimers the franchisee may have signed. This is a significant protection for franchisees, as it prevents Bumble Roofing from using standard contract language to shield itself from liability for misleading statements.
However, prospective franchisees should be aware of certain limitations and nuances. For example, the Washington addendum specifies that waivers of rights under the Washington Franchise Investment Protection Act are only invalid if not executed pursuant to a negotiated settlement with independent counsel. Similarly, the New York addendum clarifies that general releases of claims do not waive rights under the New York General Business Law. Therefore, franchisees should carefully review the specific addenda applicable to their state and consult with legal counsel to fully understand their rights and obligations.
In summary, while the Bumble Roofing franchise agreement generally prohibits disclaimers of reliance on franchisor statements, franchisees should be diligent in understanding the specific state laws and addenda that may affect their rights. This ensures that they can effectively protect their interests in the event of any disputes or misrepresentations.