For Floyds 99 franchises, are representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability intended to act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration Disclosure Law?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
| Law. | | | All representations requiring prospective franchisees to assent to a release, | | | | | estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel | | | | | or waiver of any liability incurred under the Maryland Franchise Registration Disclosure |
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, representations requiring prospective franchisees to agree to a release, estoppel, or waiver of liability are not intended to act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration Disclosure Law. This protection is specifically outlined in an addendum for franchises offered and sold to residents of Maryland or operated in Maryland.
This means that any agreement a franchisee signs that seems to waive their rights or release Floyds 99 from liability under Maryland's franchise laws will not be enforced. This ensures that franchisees retain their legal rights and protections under Maryland law, regardless of any clauses in the franchise agreement that might suggest otherwise.
Furthermore, the addendum clarifies that franchisees can bring a cause of action against Floyds 99 in any court of competent jurisdiction, including Maryland state or federal courts. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise. This provides a specific timeframe and venue options for franchisees seeking to assert their rights under Maryland law.