Does the Bumper Man franchise agreement supersede any other document terms regarding waivers of claims or disclaimers of reliance?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provision applies only to franchisees and franchises that are subject to the state franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin:
No statement, questionnaire, or acknowledgement signed or agreed to by you 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 us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, in certain states, the franchise agreement does supersede other document terms regarding waivers of claims or disclaimers of reliance. Specifically, for franchisees and franchises subject to state franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, any statement, questionnaire, or acknowledgment signed by the franchisee related to the franchise commencement cannot waive claims under applicable state franchise law, including fraud in the inducement.
Furthermore, in those specified states, franchisees cannot disclaim reliance on any statement made by Bumper Man, any franchise seller, or anyone acting on their behalf. The FDD explicitly states that this provision supersedes any other term of any document executed in connection with the franchise.
For prospective Bumper Man franchisees in the listed states, this means that even if they sign documents containing waivers or disclaimers, those provisions may not be enforceable regarding claims of fraud or reliance on statements made by the franchisor. This offers additional protection to franchisees in those states, ensuring they retain their rights under state franchise laws despite any potentially conflicting language in other documents.