Does any statement signed by a Deck Medic franchisee at the start of the franchise relationship supersede other terms?
Deck_Medic 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 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, a statement, questionnaire, or acknowledgment signed by a franchisee at the start of the franchise relationship does not waive claims under state franchise law or disclaim reliance on franchisor statements. This provision supersedes any other term in documents related to the franchise agreement.
This means that even if a Deck Medic franchisee signs a document that seems to contradict their right to make claims against the franchisor under state franchise laws (including claims of fraud), that document will not be legally binding. The franchisee retains their legal rights regardless of such statements.
This protection is particularly relevant in states with strong franchise laws, like New York and Minnesota, where Deck Medic includes specific amendments addressing these protections. Franchisees should still consult with legal counsel to fully understand their rights and obligations under the franchise agreement and applicable state laws.