Does the Itan franchise agreement disclaim any representations made in the Franchise Disclosure Document?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
tended to modify this Agreement. The attachments are part of this Agreement, which together with any Amendments or Addenda executed on or after the Effective Date, constitute the entire understanding and agreement of the parties. There are no other oral or written understandings or agreements between the parties about the subject matter of this Agreement. As referenced above, all mandatory provisions of the Manual are part of this Agreement. Any representations not specifically contained in this Agreement made before entering into this Agreement do not survive after the signing of this Agreement. Nothing in this Agreement is intended to disclaim any of the representations we made in the Franchise Disclosure Document. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (a) waiving any claims under any applicable state franchise law, including fraud in the inducement or (b) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
- **24.9.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the franchise agreement does not disclaim any representations made in the Franchise Disclosure Document. Specifically, the agreement states that nothing within it is intended to disclaim the representations made by Itan in the Franchise Disclosure Document. This protects the franchisee by ensuring that they can rely on the information provided in the FDD when making their investment decision.
Furthermore, any statements, questionnaires, or acknowledgments signed by the franchisee in connection with starting the franchise cannot waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Itan or anyone acting on their behalf. This provision is designed to supersede any other conflicting terms in documents related to the franchise, reinforcing the importance of the FDD and protecting the franchisee's rights.
In Maryland, additional protections are in place. Any representations requiring prospective franchisees to release, estop, or waive liability do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This ensures that franchisees in Maryland retain their rights and remedies under state law, regardless of any agreements or representations made during the franchise process.