Can a franchisee disclaim reliance on any statement made by the franchisor by signing a statement, questionnaire, or acknowledgement in connection with the Flowerama franchise?

According to Flowerama's 2024 Franchise Disclosure Document, a franchisee cannot disclaim reliance on statements made by Flowerama, its franchise sellers, or anyone acting on Flowerama's behalf by signing a statement, questionnaire, or acknowledgement when starting the franchise relationship. This protection extends to claims under applicable state franchise laws, including those related to fraud in the inducement. This means that even if a franchisee signs a document that seems to waive their right to rely on previous statements, that waiver will not be legally effective. This provision takes precedence over any conflicting terms in any document related to the franchise agreement.

This safeguard ensures that prospective Flowerama franchisees are not pressured into relinquishing their legal rights based on information provided during the franchise sales process. It protects franchisees from potentially misleading or fraudulent statements made by Flowerama or its representatives. The FDD emphasizes that no document signed at the commencement of the franchise can waive claims related to fraud or misrepresentation.

This type of clause is included in franchise agreements to protect franchisees and ensure transparency in the franchise sales process. It prevents franchisors from using waivers to shield themselves from liability for inaccurate or misleading statements. Prospective franchisees should carefully review all documents and disclosures provided by Flowerama and consult with an attorney to understand their rights and obligations under the franchise agreement.