For a Chop5 Salad Kitchen franchise, do acknowledgements or representations disclaiming or acknowledging acts that violate Maryland Law act as a release, estoppel, or waiver of liability?
Chop5_Salad_Kitchen Franchise · 2024 FDDAnswer from 2024 FDD Document
Any acknowledgements or representations by you that disclaim the occurrence and/or acknowledge the non-occurrence of acts that would constitute a violation of the Maryland Law are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Law.
Source: Item 23 — RECEIPT (FDD pages 50–178)
What This Means (2024 FDD)
According to Chop5 Salad Kitchen's 2024 Franchise Disclosure Document, specific stipulations are in place to protect franchisees in Maryland. The FDD states that any acknowledgements or representations made by a prospective franchisee that disclaim or acknowledge acts that would violate Maryland law will not act as a release, estoppel, or waiver of liability under Maryland law. This means that even if a franchisee makes statements that could be interpreted as admitting to or denying actions that violate franchise law, those statements cannot be used to waive their rights or release Chop5 Salad Kitchen from liability.
This provision is designed to safeguard franchisees from inadvertently giving up their legal rights under the Maryland Franchise Registration and Disclosure Law. It ensures that franchisees can still pursue claims against Chop5 Salad Kitchen for violations of Maryland franchise law, regardless of any prior acknowledgements or representations they may have made during the franchise application process.
Furthermore, the FDD outlines additional protections for Maryland franchisees. Any claims arising under the Maryland Franchise Law must be brought within three years after the franchise is granted. The general release required for renewal, sale, or transfer of the franchise does not apply to liabilities under the Maryland Franchise Law. Franchisees also have the right to bring lawsuits in Maryland for claims arising under this law. These measures collectively reinforce the legal rights and protections afforded to Chop5 Salad Kitchen franchisees operating in Maryland.