For Deka Lash franchises in Maryland, can acknowledgments or representations made by the developer in the Area Developer Agreement act as a release, estoppel, or waiver of liability under the Maryland Franchise Registration and Disclosure Law?

According to Deka Lash's 2024 Franchise Disclosure Document, specific stipulations are in place regarding the enforceability of acknowledgments and representations made by developers in Maryland. The Maryland Addendum to the Area Development Agreement explicitly states that acknowledgments or representations made by the developer, which disclaim or acknowledge the non-occurrence of acts that would violate the Franchise Law, will not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This provision is designed to protect the developer's rights under Maryland franchise law.

This means that even if a developer acknowledges certain conditions or makes representations in the Area Development Agreement that might seem to waive their rights or release Deka Lash from liability, these acknowledgments or representations will not be legally binding concerning liabilities arising from violations of Maryland's franchise laws. This ensures that developers retain their legal recourse under the Maryland Franchise Registration and Disclosure Law, regardless of any statements made in the agreement.

This protection is significant for prospective Deka Lash area developers in Maryland, as it prevents them from inadvertently waiving their rights through standard acknowledgments or representations within the Area Development Agreement. It reinforces that Deka Lash developers maintain their ability to pursue claims under Maryland franchise law if violations occur, providing an additional layer of security and legal protection.