factual

What does the provision regarding statements, questionnaires, or acknowledgements signed by a Deer Solution franchisee supersede?

Deer_Solution Franchise · 2025 FDD

Answer 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 specific provision addresses the legal effect of statements, questionnaires, or acknowledgements signed by a franchisee when starting their franchise. This provision is designed to protect the franchisee's rights under applicable state franchise laws.

Specifically, the FDD states that no such document signed by the franchisee can waive claims related to state franchise law, including claims of fraud in the inducement. It also prevents these documents from disclaiming reliance on statements made by Deer Solution, its representatives, or franchise sellers. This means that even if a franchisee signs a document that seems to limit their ability to make certain claims, this provision ensures those rights are still protected.

Importantly, the Deer Solution FDD emphasizes that this particular provision takes precedence over any other conflicting terms found in any document executed in connection with the franchise agreement. This ensures that the franchisee's rights and protections under state franchise laws are not inadvertently undermined by other clauses or agreements. This type of clause is common in franchise agreements to protect franchisees from unknowingly waiving their legal rights.

Disclaimer: This information is extracted from the 2025 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.