What effect do statements, questionnaires, or acknowledgments signed by a Burger King franchisee have on waiving claims under state franchise law or disclaiming reliance on statements made by the franchisor?

According to Burger King's 2025 Franchise Disclosure Document, several amendments address the effect of signed documents on a franchisee's rights under state franchise laws. Specifically, for franchisees in California, Maryland, Minnesota, North Dakota, Washington and Illinois, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law. This includes claims related to fraud in the inducement, nor can these documents disclaim reliance on statements made by Burger King or its representatives. This provision takes precedence over any conflicting terms in other franchise documents.

These protections are included as amendments to the franchise agreements and target reservation agreements required by the franchise laws of those specific states. The amendments clarify that the representations made in the franchise agreements are not intended to act as a release, estoppel, or waiver of any liability incurred under the respective state's franchise laws. Furthermore, any release signed by the developer (franchisee) will not apply to claims made under those state franchise laws.

These stipulations ensure that Burger King franchisees in these states retain their rights and protections under state franchise laws, regardless of any statements they may sign during the commencement of the franchise relationship. However, each provision is effective only to the extent that the jurisdictional requirements of the relevant state's franchise law are met independently, without relying on the amendment itself. This means that the underlying state law must provide the basis for the protection, and the amendment serves to reinforce that protection within the franchise agreement.