What sections of the Floyds 99 Franchise Agreement are amended by the addition of a statement regarding release, estoppel or waiver of liability?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
| | 3. | The following statement is added to the end of Sections 13.2 and 13.16: | | | | 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 |
- The following sentence is added at the end of Sections 18.2.f. and 19.3.d:
Any release executed in connection herewith will not apply to any claims that may arise under the Minnesota Franchise Act.
Any general release the franchisee is required to assent to as a condition of renewal is not intended to nor shall it act as a release, estoppel or waiver of any liability franchisor may have incurred under the North Dakota Franchise Investment Law.
In Items 17.c. and 17.m., any releases you sign will not apply to any claims that may arise under the Indiana Franchise Disclosure Law and the Indiana Deceptive Practices Act.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, several sections of the franchise agreement are amended by adding statements that address the release, estoppel, or waiver of liability, depending on the state where the franchise is located. For franchisees in Maryland, a statement is added to the end of Sections 13.2 and 13.16 clarifying that any representations requiring a release, estoppel, or waiver of liability do not apply to liabilities incurred under the Maryland Franchise Registration Disclosure Law. For franchisees in Minnesota, a sentence is added at the end of Sections 18.2.f. and 19.3.d stating that any release executed will not apply to claims arising under the Minnesota Franchise Act.
For franchisees in North Dakota, any general release required as a condition of renewal is not intended to act as a release, estoppel, or waiver of any liability Floyds 99 may have incurred under the North Dakota Franchise Investment Law. For franchisees in Indiana, any releases signed will not apply to any claims that may arise under the Indiana Franchise Disclosure Law and the Indiana Deceptive Practices Act, as stated in Items 17.c. and 17.m.
These amendments ensure that franchisees' rights under state franchise laws are protected and that they do not inadvertently waive their rights by signing standard releases or other documents related to the franchise agreement. Prospective franchisees should carefully review these addenda and consult with legal counsel to understand their rights and obligations under the franchise agreement and applicable state laws.