Does the Central Bark Doggy Day Care Franchise Agreement include state-specific riders?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
The following provision applies if you or the franchise granted hereby are subject to the franchise registration or disclosure laws in California, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, Rhode Island, South Dakota, Virginia, or Wisconsin: 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.
Source: Item 1 — Franchisee shall have paid all Royalty Fees, advertising fund contributions, LAC contributions, amounts owed for purchases by Franchisee from Franchisor, or Franchisor's affiliates, and all other amounts owed to Franchisor, Franchisor's affiliates, and third-party creditors, and shall have submitted to Franchisor all required reports and statements; (FDD pages 106–233)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, the Franchise Agreement may include state-specific provisions. Specifically, Section 10.3 addresses the enforceability of waivers and disclaimers, noting that if the franchisee or the franchise is subject to registration or disclosure laws in certain states (California, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, Rhode Island, South Dakota, Virginia, or Wisconsin), specific protections apply.
This clause ensures that no statement or agreement signed by the franchisee can waive claims under state franchise laws, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. The FDD explicitly states that this provision supersedes any other conflicting term in any document related to the franchise agreement.
For a prospective Central Bark Doggy Day Care franchisee, this means that if they are franchising in one of the listed states, they retain certain legal rights and protections that cannot be waived through standard contract language. This is a beneficial provision for franchisees as it safeguards their ability to pursue claims and rely on the franchisor's representations, regardless of what other documents might state. Franchisees should carefully review the Franchise Agreement and any state-specific riders to fully understand their rights and obligations.