Is a written instrument required to waive any terms of the Canine Dimensions agreement?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Any provision in the Franchise Agreement that would require you to assent to a release, assignment, novation or waiver that would relieve any person from liability imposed by Minnesota Statutes, Sections 80C.01 to 80C.22 will be void to the extent that such contractual provision violates such law.
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.
Any provision in the Franchise Agreement or Franchisee Disclosure Acknowledgement Statement which would require you to prospectively assent to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by the Iowa Business Opportunity Promotions Law (Iowa Code Ch. 551A) is void to the extent that such provision violates such law.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the franchise agreement contains provisions regarding waivers, particularly concerning state-specific laws. For franchisees in Minnesota, any provision in the Franchise Agreement that requires assent to a release, assignment, novation, or waiver relieving any person from liability imposed by Minnesota Statutes, Sections 80C.01 to 80C.22 is void if it violates such law. Similarly, for franchisees in Iowa, any provision requiring prospective assent to a release, assignment, novation, waiver, or estoppel that relieves any person from liability imposed by the Iowa Business Opportunity Promotions Law (Iowa Code Ch. 551A) is void if it violates that law. These stipulations ensure that franchisees' rights under these state laws are protected and cannot be waived through contractual terms.
For franchisees in Illinois and Virginia, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee in connection with starting the franchise can waive claims under applicable state franchise laws, including fraud in the inducement, or disclaim reliance on statements made by Canine Dimensions or its representatives. This protection is significant as it prevents franchisees from inadvertently relinquishing their legal rights at the outset of the franchise relationship. These clauses supersede any other conflicting terms in documents related to the franchise agreement, reinforcing the importance of adhering to state-specific franchise laws.
These provisions highlight the importance of franchisees understanding their rights under state laws and the limitations on waiving those rights through franchise agreements. Prospective Canine Dimensions franchisees should carefully review these addenda, especially if they are located in Minnesota, Iowa, Illinois, or Virginia, and consult with legal counsel to fully understand their rights and obligations. The inclusion of these state-specific addenda reflects Canine Dimensions' effort to comply with varying state regulations and protect franchisees' interests within those jurisdictions.