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

According to the 2024 Deka Lash Franchise Disclosure Document, acknowledgments or representations made by a franchisee in the Franchise Agreement cannot act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This protection is specifically outlined in the Maryland Addendum to the Franchise Agreement. This addendum ensures that franchisees in Maryland retain their rights and protections under Maryland franchise law, regardless of any statements they make in the agreement.

This provision is significant for prospective Deka Lash franchisees in Maryland because it prevents the franchisor from using a franchisee's own statements against them in a legal dispute related to franchise law violations. It reinforces the franchisee's ability to seek legal recourse if they believe Deka Lash has violated the Maryland Franchise Registration and Disclosure Law. This protection extends to various aspects of the franchise relationship, ensuring that franchisees are not inadvertently waiving their rights through acknowledgments or representations made during the agreement process.

Furthermore, the Maryland Addendum also addresses general releases required for renewal, sale, or transfer of the franchise, clarifying that these releases do not apply to liabilities under Maryland Franchise Law. It also specifies that any claims arising under this law must be brought within three years after the franchise grant. These stipulations collectively strengthen the legal standing of Deka Lash franchisees in Maryland, providing them with additional safeguards and recourse options under state law.