factual

According to the Kitchen Solvers addendum, what must each undersigned party acknowledge?

Kitchen_Solvers Franchise · 2025 FDD

Answer from 2025 FDD Document

y 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.

IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date Franchisor signs below.

YOU: WE: KS LA CROSSE INVESTMENTS, LLC
By: By:
Its: Its:

ADDENDUM TO KITCHEN SOLVERS® FRANCHISE AGREEMENT FOR THE STATE OF MARYLAND

To the extent the Maryland Franchise Registration and Disclosure Law, Md. Code Bus. Reg. §§14-201 – 14-233 applies, the terms of this Addendum apply.

  1. Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:

All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.

Nothing in the Franchise Agreement prevents the franchisee from bringing a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.

Nothing in the Franchise Agreement operates to reduce the 3-year statute of limitations afforded to a franchisee for bringing a claim arising under the Maryland Franchise Registration and Disclosure Law. Further, any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.

The Federal Bankruptcy laws may not allow the enforcement of the provisions for termination upon bankruptcy of the franchisee.

    1. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
    1. The following provision in Section 16.B of the Franchise Agreement is hereby deleted: "You acknowledge that you are entering into this Agreement as a result of your own independent investigation of the KITCHEN SOLVERS franchise program and not as a result of any representation about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors or franchisees that is contrary to the terms identified in this Agreement or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law."
      1. Recital D of the Franchise Agreement is hereby deleted in its entirety.
    1. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.

This Addendum is being entered into in connection with the Franchise Agreement. In the event of any conflict between this Addendum and the Franchise Agreement, the terms and conditions of this Addendum shall apply.

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 (i) waiving and claims under any applicable state franchise law, including fraud in the inducement, or (ii) 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.

IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date Franchisor signs below.

YOU: WE: KS LA CROSSE INVESTMENTS, LLC
By: By:
Its: Its:

ADDENDUM TO KITCHEN SOLVERS® AREA DEVELOPMENT AGREEMENT FOR THE STATE OF MARYLAND

To the extent the Maryland Franchise Registration and Disclosure Law, Md. Code Bus. Reg. §§14-201 – 14-233 applies, the terms of this Addendum apply.

  1. Notwithstanding anything to the contrary contained in the Area Development Agreement, to the extent that the Area Development Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:

All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.

Nothing in the Area Development Agreement prevents the franchisee from bringing a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.

Nothing in the Area Development Agreement operates to reduce the 3-year statute of limitations afforded to a franchisee for bringing a claim arising under the Maryland Franchise Registration and Disclosure Law. Further, any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.

The Federal Bankruptcy laws may not allow the enforcement of the provisions for termination upon bankruptcy of the franchisee.

    1. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Area Development Agreement.
    1. Sections 9.17.1, 9.17.5, and 19.7.3 of the Area Development Agreement are hereby deleted.
      1. Background, Paragraph E of the Area Development Agreement is hereby deleted.
    1. Except as expressly modified by this Addendum, the Area Development Agreement remains unmodified and in full force and effect.
    1. 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 (i) waiving and claims under any applicable state franchise law, including fraud in the inducement, or (ii) 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.

This Addendum is being entered into in connection with the Area Development Agreement. In the event of any conflict between this Addendum and the Area Development Agreement, the terms and conditions of this Addendum shall apply.

YOU: WE:
KS LA CROSSE INVESTMENTS, LLC
By: By:
Its: Its:

IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date

ADDENDUM TO KITCHEN SOLVERS® FRANCHISE AGREEMENT FOR THE STATE OF MINNESOTA

This Addendum pertains to franchises sold in the State of Minnesota and is for the purpose of complying with Minnesota statutes and regulations. Notwithstanding anything which may be contained in the body of the Franchise Agreement to the contrary, the Agreement is amended as follows:

    1. We will undertake the defense of any claim of infringement by third parties involving the KITCHEN SOLVERS mark, and you will cooperate with the defense in any reasonable manner prescribed by us with any direct cost of such cooperation to be borne by us.
    1. Minnesota law provides franchisees with certain termination and nonrenewal rights. As of the date of this Franchise Agreement, Minn. Stat. Sec.

Source: Item 23 — Receipts (FDD pages 49–190)

What This Means (2025 FDD)

According to Kitchen Solvers' 2025 Franchise Disclosure Document, the addenda for various states address specific acknowledgements or waivers that franchisees must understand. For instance, the Maryland addendum clarifies that representations requiring franchisees to waive liability under the Maryland Franchise Registration and Disclosure Law are not valid. Similarly, the North Dakota addendum states that any general release required of the franchisee does not waive liabilities under the North Dakota Franchise Investment Law. These stipulations ensure that franchisees in these states retain their legal rights and protections, regardless of any conflicting terms in the standard franchise agreement.

The New York addendum emphasizes that no statement or acknowledgment signed by a franchisee can waive claims under New York General Business Law, including claims of fraud, or disclaim reliance on statements made by Kitchen Solvers or its representatives. This provision is designed to protect franchisees from unknowingly relinquishing their rights due to signing standard documents at the commencement of the franchise relationship.

In practical terms, these addenda serve to modify the standard Kitchen Solvers franchise agreement to comply with specific state laws, thereby safeguarding franchisees' rights and ensuring that certain provisions of the agreement are not enforceable if they conflict with state regulations. Prospective franchisees should carefully review the addendum specific to their state to understand how it alters the standard agreement and what protections are afforded to them under local laws. This ensures that franchisees are fully aware of their rights and obligations, and that Kitchen Solvers adheres to the legal requirements of each state in which it operates.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.