In Maryland, do representations requiring prospective Hyper Kidz franchisees to assent to a release, estoppel, or waiver of liability act as a release, estoppel, or waiver of liability under the Maryland Franchise Registration and Disclosure Law?

According to Hyper Kidz's 2024 Franchise Disclosure Document, representations requiring prospective franchisees in Maryland to agree to a release, estoppel, or waiver of liability will not act as a release, estoppel, or waiver of liability under the Maryland Franchise Registration and Disclosure Law. This amendment is specifically included to protect franchisees' rights under Maryland law. This means that even if a franchisee signs an agreement that seems to waive their rights, those waivers will not be enforced regarding liabilities arising from the Maryland Franchise Registration and Disclosure Law.

This protection ensures that Hyper Kidz franchisees in Maryland retain their legal rights and recourse under the state's franchise laws. It prevents the franchisor from using standard contract language to inadvertently or intentionally limit the franchisees' ability to pursue claims related to franchise registration and disclosure violations. This is a significant benefit for franchisees as it safeguards their ability to seek legal remedies if they believe Hyper Kidz has violated the Maryland Franchise Registration and Disclosure Law.

Prospective Hyper Kidz franchisees in Maryland should understand that this provision offers them additional security. It ensures that they cannot unintentionally forfeit their rights under Maryland franchise law through standard contractual clauses. This protection is particularly important when entering into a franchise agreement, as it allows franchisees to address potential issues related to disclosure and registration without fear of having waived their legal rights.