Under what law is liability not released by the Fly To Fit General Release?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
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FLY TO FIT FRANCHISE, LLC
NEW YORK RIDER TO FRANCHISE AND MULTI-UNIT DEVELOPMENT AGREEMENT
Limited Liability Company ("Franchisee"). This Rider amends the Franchise and Multi-Unit Development Agreement dated (the "Agreement"), between Fly To Fit Franchise, LLC, a Delaware ("Fly To Fit Franchise") and, a 1. Capitalized terms used but not defined in this Rider have the meanings given Definitions. in the Agreement. 2. Waivers Not Required. would relieve Fly To Fit Franchise York General Business Law, Article 33. Notwithstanding any provision of the Agreement to the contrary, Franchisee is not required to assent to a release, assignment, novation, waiver or estoppel which or any other person from any duty or liability imposed by New 3. Any condition, stipulation, or provision in the Waivers of New York Law Deleted.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, a New York Rider to the franchise agreement specifies conditions under which a franchisee is not required to assent to releases. Specifically, franchisees are not required to assent to a release, assignment, novation, waiver, or estoppel that would relieve Fly To Fit Franchise from any duty or liability imposed by New York General Business Law, Article 33. This provision ensures that Fly To Fit franchisees in New York retain the protections afforded to them under New York law, regardless of any general release agreements.
Similarly, the Maryland Rider states that representations requiring prospective franchisees to assent 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. This ensures that franchisees in Maryland retain their rights and protections under the Maryland Franchise Law, irrespective of any general releases they might sign. The Maryland Franchise Law is defined as the Maryland Franchise Registration and Disclosure Law, Business Regulation Article, §14-206, Annotated Code of Maryland.
In Washington, 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. This ensures that franchisees in Washington maintain their rights under the Washington Franchise Investment Protection Act unless specific conditions are met, such as a negotiated settlement with independent counsel.