Are there any limitations on litigation that are not allowed for Cool Binz franchisees in Indiana?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
3. Enforcement:
The following is added at the end of Section 15.F. and 15.K. of the Agreement:
Any limitation of claims provisions shall not act to reduce the three (3) year statute of limitations afforded a franchisee for bringing a claim arising under the Maryland Franchise Registration and Disclosure Law. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.
4. Dispute Resolution Procedures:
Pursuant to Section 14-216(c)(25) of the Maryland Franchise Registration and Disclosure Law, the following is added at the end of Sections 15.F. and 15.H. of the Agreement:
You may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
5. Acknowledgment:
Pursuant to Section 14-226 of the Maryland Franchise Registration and Disclosure Law The following is added at the end of Section 17 of the Agreement and to the Disclosure Acknowledgement Questionnaire:
The representations, acknowledgements and affirmations in the preceding section are not intended to nor shall they act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Act.
The following statements in Section 15.L of the FA are deleted: "You acknowledge that you are entering into this Agreement as a result of your own independent investigation of our COOL BINZ Business and not as a result of any representations about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that are contrary to the terms set forth in this Agreement, or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law."
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
Based on the 2025 Cool Binz Franchise Disclosure Document, there is no information provided that discusses specific litigation limitations for franchisees in Indiana. The document does include information regarding dispute resolution and enforcement, but these sections pertain specifically to Maryland law and do not address other states such as Indiana.
Item 23 includes information regarding dispute resolution procedures and enforcement, but only in the context of Maryland's Franchise Registration and Disclosure Law. This includes the ability to bring a lawsuit in Maryland for claims arising under that specific law and stipulations that acknowledgements within the agreement do not act as a release or waiver of liability under the Maryland Franchise Registration and Disclosure Act.
Prospective Cool Binz franchisees in Indiana should seek clarification from the franchisor regarding any state-specific limitations on litigation or dispute resolution. It would be prudent to consult with a legal professional in Indiana to understand their rights and obligations under Indiana law, as the FDD excerpt focuses solely on Maryland.