Does the Maryland Addendum supersede other terms in the C12 Group franchise agreement regarding liability waivers?
C12_Group Franchise · 2025 FDDAnswer from 2025 FDD Document
MARYLAND ADDENDUM TO THE FRANCHISE AGREEMENT
Any general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise registration and Disclosure Law.
A franchisee may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
All representations requiring Franchisee to assent to a release, estoppel, or waiver of liability are not intended nor shall they act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
Any claim arising under the Maryland Franchise Registration and Disclosure Law must be brought within three (3) years after the grant of the franchise.
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to the 2025 C12 Group Franchise Disclosure Document, the Maryland Addendum does address the issue of liability waivers within the franchise agreement. Specifically, any general release required as a condition of renewal, sale, or assignment/transfer does not apply to any liability under the Maryland Franchise Registration and Disclosure Law. This means that C12 Group franchisees in Maryland cannot be forced to waive their rights or release C12 Group from liability regarding claims arising from Maryland's franchise laws.
Furthermore, the addendum explicitly states that all representations requiring a franchisee to assent to a release, estoppel, or waiver of liability are not intended to act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This reinforces the protection afforded to franchisees under Maryland law, ensuring that they retain their legal rights and remedies.
In practical terms, this means that if a C12 Group franchisee in Maryland believes that C12 Group has violated the Maryland Franchise Registration and Disclosure Law, the franchisee can pursue a lawsuit in Maryland. The addendum also specifies that any claim arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise. This provision ensures that franchisees have a defined period to bring any claims, providing clarity and legal recourse within the state.