For an Itan franchise, will acknowledgements or representations disclaiming or acknowledging acts that violate Maryland Law act as a release, estoppel, or waiver of liability?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Any acknowledgements or representations by you that disclaim the occurrence and/or acknowledge the non-occurrence of acts that would constitute a violation of the Maryland Law are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Law.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, any acknowledgements or representations made by a prospective franchisee that disclaim the occurrence or acknowledge the non-occurrence of acts that would constitute a violation of Maryland law will not act as a release, estoppel, or waiver of any liability incurred under Maryland law. This means that even if a franchisee makes certain statements during the application process, those statements cannot be used to waive their rights or release Itan from liability under Maryland franchise law.
This provision is specifically included to comply with the Maryland Franchise Registration and Disclosure Law. It ensures that franchisees are not inadvertently giving up their legal rights under Maryland law as a condition of purchasing the franchise. This protection is important because franchise agreements often contain complex legal language, and prospective franchisees may not fully understand the implications of every clause.
For a prospective Itan franchisee in Maryland, this means that you cannot waive your rights under the Maryland Franchise Law simply by making certain acknowledgements or representations during the franchise application process. This provides an added layer of protection for franchisees, ensuring that they retain their legal rights and remedies under Maryland law, regardless of statements made during the application.