Does the Fly To Fit Franchise Agreement allow for any waivers of rights by the franchisee?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
Notwithstanding any provision of the Agreement to the contrary, Franchisee is not required to assent to a release, assignment, novation, waiver or estoppel which would relieve Fly To Fit Franchise or any other person from any duty or liability imposed by New York General Business Law, Article 33. 3. Any condition, stipulation, or provision in the Waivers of New York Law Deleted. Agreement purporting to bind Franchisee with any to waive compliance by Fly To Fit Franchise provision of New York General Business Law, or any rule promulgated thereunder, is hereby deleted.
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 Law.
A release or waiver of rights executed by a franchisee shall not include rights under the Washington Franchise Investment Protection Act except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitation period for claims under the Act, rights or remedies under the Act such as a right to a jury trial may not be enforceable.
(8) General Release: Franchisee and any Guarantor are not required to sign a general release upon renewal of the Agreement.
(6) Waiver of Trial by Jury: Franchisee and any Guarantor do not waive a trial by jury.
(7) Waiver of Exemplary and Punitive Damages: The parties do not waive exemplary and punitive damages.
(9) Limitation of Claims: Franchisee is not required to consent to a limitation of claims. The statute of limitations under North Dakota law applies.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the franchise agreement's stance on waivers of rights varies by state. In New York, franchisees are not required to assent to any release, assignment, novation, waiver, or estoppel that would relieve Fly To Fit from any duty or liability imposed by New York General Business Law, Article 33. Furthermore, any provision in the agreement that attempts to bind the franchisee to waive compliance with any provision of New York General Business Law or its rules is deleted. Similarly, in Maryland, representations requiring franchisees to agree to a release, estoppel, or waiver of liability do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Law. Franchisees in Maryland also retain the right to file lawsuits under the Maryland Franchise Law in a competent court within the state. In Washington, a release or waiver of rights executed by a franchisee cannot include rights under the Washington Franchise Investment Protection Act unless it is part of a negotiated settlement after the agreement is in effect and the parties are represented by independent counsel. Provisions that unreasonably restrict or limit the statute of limitations for claims, rights, or remedies under the Act, such as the right to a jury trial, may not be enforceable. Finally, in North Dakota, franchisees are not required to sign a general release upon renewal of the agreement, and they do not waive a trial by jury or exemplary and punitive damages. Franchisees are also not required to consent to a limitation of claims, as the statute of limitations under North Dakota law applies.