In which states does the 'No Waiver of Disclaimer of Reliance' provision apply to Dickeys Barbecue Pit franchisees?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
No Waiver of Disclaimer of Reliance in Certain States. The following provision applies only to franchisees and franchises that are subject to the state franchise disclosure laws in Hawaii, Michigan, Rhode Island, South Dakota, or Wisconsin:
No statement, questionnaire or acknowledgment signed or agreed to by you 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 us, any franchise seller, or any other person acting on behalf of us. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 96–388)
What This Means (2024 FDD)
According to Dickeys Barbecue Pit's 2024 Franchise Disclosure Document, a 'No Waiver of Disclaimer of Reliance' provision applies to franchisees in specific states. This provision ensures that franchisees do not waive certain rights under state franchise laws, specifically regarding claims like fraud in the inducement or disclaiming reliance on statements made by the franchisor or its representatives.
The provision applies to Dickeys Barbecue Pit franchisees who are subject to franchise disclosure laws in Hawaii, Michigan, Rhode Island, South Dakota, or Wisconsin. In these states, any agreement signed by the franchisee cannot waive claims under state franchise law or disclaim reliance on statements made by Dickeys Barbecue Pit. This addendum supersedes any conflicting terms in other documents related to the franchise agreement.
Additionally, a similar provision applies to Dickeys Barbecue Pit franchisees in North Dakota, New York, and Virginia. For these states, no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This ensures that franchisees in these states retain their rights and protections under state laws, regardless of any agreements they sign during the commencement of the franchise relationship.