What does the Maryland Franchise Agreement Amendment supersede regarding the Casiola franchise?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
No statement, questionnaire or acknowledgement 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.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, the Maryland Franchise Agreement Amendment includes a provision that addresses statements, questionnaires, or acknowledgements signed by a franchisee at the start of their franchise relationship. Specifically, this provision ensures that such documents cannot waive claims under state franchise law, including claims related to fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives.
This amendment is designed to protect franchisees in Maryland by preventing them from inadvertently relinquishing their legal rights through standard paperwork at the beginning of the franchise relationship. It clarifies that franchisees retain the right to pursue claims against Casiola under Maryland franchise law, regardless of any initial agreements they may have signed.
In practical terms, this means that if a Casiola franchisee in Maryland believes they were misled or defrauded during the franchise sales process, they are not barred from bringing a legal claim simply because they signed a document acknowledging certain information or releasing the franchisor from liability. This provision specifically supersedes any other conflicting terms in any document executed in connection with the franchise agreement, reinforcing the franchisee's protections under Maryland law.