What is the franchisee acknowledging regarding reliance on information from the Bumper Man franchisor?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgement signed or agreed to by 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 Franchisor, any franchise seller, or any other person acting on Franchisor's behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, no statement signed by the franchisee can disclaim reliance on statements made by the franchisor or anyone acting on their behalf. This includes claims of fraud. This acknowledgement protects the franchisee from waiving their rights to make claims based on information provided by Bumper Man during the franchise commencement.
This provision ensures that franchisees are not bound by any agreement that prevents them from pursuing legal action if they believe they were misled by Bumper Man during the franchise sales process. It specifically addresses concerns related to potential misrepresentations or fraudulent statements made to induce the franchisee into signing the agreement. This is a standard protection for franchisees, ensuring they have recourse if the information provided by the franchisor proves to be false or misleading.
This clause is particularly important because it supersedes any other conflicting terms in any document executed in connection with the franchise agreement. This means that even if other parts of the agreement seem to limit the franchisee's ability to claim reliance on the franchisor's statements, this specific provision will take precedence. Prospective franchisees should carefully review this section to understand their rights and protections under the franchise agreement.