Under the Face Foundrie agreement, do representations requiring the franchisee to release liability act as a waiver of liability under Maryland Franchise Law?

According to the 2025 Face Foundrie FDD, any representations within the franchise agreement that require a franchisee to release, estop, or waive liability will not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This protection is specifically included to ensure that franchisees operating in Maryland, or whose franchise agreements were initiated in Maryland, retain their rights under Maryland franchise law, regardless of any general release clauses in the agreement. This means Face Foundrie franchisees in Maryland are not waiving their rights under Maryland franchise law through standard release clauses.

Furthermore, the FDD includes an addendum specifically for franchisees operating in Maryland. This addendum reinforces the protection of franchisees' rights under Maryland law. Any release required as a condition of renewal, sale, or transfer of the franchise will not apply to claims or liabilities arising under the Maryland Franchise Registration and Disclosure Law. This ensures that franchisees cannot be compelled to waive their rights under Maryland law as a condition of continuing or transferring their franchise.

This provision is crucial for prospective Face Foundrie franchisees in Maryland as it safeguards their legal rights and remedies under state franchise law. It prevents the franchisor from using standard contractual language to inadvertently or intentionally limit the franchisee's ability to pursue claims related to violations of Maryland franchise law. The inclusion of these specific protections highlights Face Foundrie's awareness of and compliance with Maryland's franchise regulations, providing an additional layer of security for franchisees operating within the state.