In the context of a Hyper Kidz franchise in Virginia, what claims are franchisees unable to waive through any statement, questionnaire, or acknowledgment?

According to the 2024 Hyper Kidz Franchise Disclosure Document, specific protections are in place for franchisees in Virginia. As stated in the amendment to the franchise agreement required by the Commonwealth of Virginia, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law. This explicitly includes claims related to fraud in the inducement.

This provision also prevents a franchisee from disclaiming reliance on any statement made by Hyper Kidz, its franchise sellers, or anyone acting on behalf of the company. This means that franchisees cannot waive their right to hold Hyper Kidz accountable for statements made during the franchise sales process. This protection is designed to ensure that franchisees are not pressured into relinquishing their legal rights through standard documents.

This requirement supersedes any conflicting terms in any document executed in connection with the Hyper Kidz franchise. This ensures that the franchisee's rights under Virginia franchise law are upheld, regardless of other provisions in the franchise agreement or related documents. This safeguard is particularly important for protecting franchisees from potentially overreaching or misleading statements made by the franchisor.