Regarding the Itan Franchise Questionnaire, do any representations I make disclaiming or acknowledging acts that violate the Maryland Franchise Law act as a release of liability?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The Franchise Questionnaire that you completed in connection with your application for the franchise requires you, as a prospective franchisee, to disclaim the occurrence and/or acknowledge the nonoccurrence of acts that would constitute a violation of the Maryland Franchise Law as a condition to your purchase of the franchise. Any such representations are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Law.
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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 representations made by a prospective franchisee in the Franchise Questionnaire disclaiming or acknowledging acts that would violate Maryland Franchise Law will not act as a release of liability. This means that even if you, as a potential Itan franchisee, make certain statements in the questionnaire, those statements will not prevent you from pursuing claims under Maryland Franchise Law.
This protection is specifically included to comply with Maryland Franchise Registration and Disclosure Law. The FDD states that Itan has amended its agreements to ensure that such representations do not waive any rights or protections afforded under Maryland law. This amendment is a direct response to the legal requirements in Maryland, ensuring franchisees are not inadvertently relinquishing their legal rights through the questionnaire.
It is important for prospective Itan franchisees in Maryland to understand that this provision is designed to protect their interests. Even if the questionnaire asks you to confirm or deny certain actions that might constitute a violation of the law, your answers will not be used against you to prevent you from bringing a claim under Maryland Franchise Law. This ensures that franchisees retain their legal recourse and are not bound by potentially harmful statements made during the application process.