factual

What does RCW 49.62.050 declare regarding contractual provisions for Cilantro Taco Grill in Washington?

Cilantro_Taco_Grill Franchise · 2024 FDD

Answer from 2024 FDD Document

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 23 — RECEIPT (FDD pages 52–208)

What This Means (2024 FDD)

According to the 2024 Cilantro Taco Grill FDD, paragraph 18 of Item 23 addresses the requirements of the Washington Franchise Investment Law. Specifically, it states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement. Additionally, franchisees cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on their behalf. This provision takes precedence over any conflicting terms in documents related to the franchise agreement.

In simpler terms, this means that Cilantro Taco Grill franchisees in Washington State retain their legal rights under franchise law, regardless of any agreements they sign. They can still pursue claims of fraud or misrepresentation, and they are not bound by disclaimers that attempt to nullify the franchisor's statements. This protection is particularly important for franchisees who may feel pressured to sign agreements without fully understanding their implications.

This clause ensures that franchisees in Washington are protected by state franchise laws and that their rights cannot be waived through contractual provisions. It aims to prevent franchisors from using contractual language to shield themselves from liability for misrepresentations or fraudulent behavior. Prospective Cilantro Taco Grill franchisees in Washington should be aware of this protection and understand that they have recourse under state law if they believe they have been misled or defrauded.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.