Does the provision regarding waivers and disclaimers in connection with the Deer Solution franchise relationship supersede other terms in executed documents?

According to the 2025 Deer Solution Franchise Disclosure Document, certain provisions regarding waivers and disclaimers do supersede other terms in documents executed in connection with the franchise, particularly concerning state franchise laws. Specifically, the FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Deer Solution or its representatives. This protection is designed to ensure franchisees retain their legal rights and recourse. This provision is included in state-specific amendments to the franchise agreement, such as those for California, Wisconsin, Minnesota and New York.

This means that even if a franchisee signs a document that appears to waive these rights or disclaim reliance on franchisor statements, that document will not be enforceable to that extent. This is a significant protection for franchisees, as it prevents Deer Solution from using contractual language to shield itself from liability for misrepresentations or violations of state franchise laws. The provision aims to create a fairer balance of power in the franchise relationship by ensuring franchisees cannot inadvertently surrender their legal rights.

However, it's important to note that the effectiveness of this provision can depend on jurisdictional requirements. For example, the New York amendment specifies that each provision is effective only to the extent that the jurisdictional requirements of the New York General Business Law are met independently. This implies that the protections may not apply in all circumstances, particularly if the franchise offer and acceptance occurred outside of New York or if the franchisee is not domiciled or opening an outlet in New York. Prospective Deer Solution franchisees should consult with a legal professional to fully understand the implications of these provisions in their specific state and circumstances.