Can a Deer Solution franchisee disclaim reliance on any statement made by the franchisor or their representatives in connection with the franchise relationship?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 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 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, a franchisee generally cannot disclaim reliance on statements made by Deer Solution or its representatives regarding the franchise relationship. This protection is included in amendments to the franchise agreement for franchisees in California, Hawaii, Illinois, Minnesota, and New York.
Specifically, these amendments state that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision overrides any other conflicting terms in the franchise agreement.
This means that Deer Solution franchisees in these states retain the right to pursue legal action based on misrepresentations made during the franchise sales process, regardless of any disclaimers they may have signed. This protection is particularly important as it prevents franchisors from using contractual language to shield themselves from liability for misleading statements. Franchisees in other states may not have this protection, so prospective franchisees should consult with an attorney to understand their rights.