Does the statement added to the Floyds 99 Franchise Disclosure Document regarding waivers apply retroactively to previously signed agreements?

According to the 2025 Floyds 99 Franchise Disclosure Document, the addendum included for franchisees in Maryland and Virginia addresses the enforceability of waivers and disclaimers signed in connection with the commencement of the franchise relationship. Specifically, for both states, the document states that no statement, questionnaire, or acknowledgment signed by a franchisee regarding the commencement of the franchise relationship shall waive any claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or their representatives.

Furthermore, the addenda explicitly state that this provision supersedes any other term of any document executed in connection with the franchise. This means that the protections against waiving certain rights apply regardless of what other agreements or documents might state.

While the addenda do not explicitly state that these protections apply retroactively to previously signed agreements, the language stating that the provision supersedes any other term of any document executed in connection with the franchise suggests that the intent is to provide broad protection to franchisees, potentially including those who signed agreements before the addendum was implemented. However, franchisees should seek legal counsel to confirm the interpretation and applicability to their specific situation, especially concerning agreements signed before the release of the 2025 FDD.