What is the effect of a franchisee signing an acknowledgement in connection with the commencement of the Kitchen Solvers franchise relationship in North Dakota?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
reholders, 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.".
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- Except as amended herein, the Franchise Agreement will be construed and enforced in accordance with its terms.
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- No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any 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.
Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to be bound by all of its terms.
| YOU: | WE: | KS LA CROSSE INVESTMENTS, LLC |
|---|---|---|
| By: | By: | |
| Its: | Its: |
ADDENDUM TO KITCHEN SOLVERS® FRANCHISE AGREEMENT FOR THE STATE OF NEW YORK
To the extent the New York General Business Law, Article 33, §§680 - 695 applies, the terms of this Addendum apply.
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Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, for franchisees in North Dakota, any statement, questionnaire, or acknowledgment signed in connection with starting the franchise will not waive claims under state franchise law, including claims of fraud. It also will not disclaim reliance on statements made by Kitchen Solvers or its representatives. This protection is specifically highlighted in an addendum for North Dakota franchisees.
This means that even if a Kitchen Solvers franchisee in North Dakota signs a document that seems to waive their rights or acknowledge they are not relying on the franchisor's statements, those waivers are not enforceable under North Dakota law. This is a significant protection for franchisees, ensuring they can still pursue legal claims if they believe they were misled or defrauded during the franchise sales process.
Furthermore, the FDD states that any provision requiring franchisees to consent to the jurisdiction of courts outside North Dakota or to consent to the application of laws of a state other than North Dakota is void. However, the Franchise Agreement may provide for arbitration in a forum outside of North Dakota. Also, the Franchise Agreement includes a waiver of exemplary and punitive damages, but that requirement will not apply to North Dakota franchisees and is deemed deleted in each place it appears in the Disclosure Document and Franchise Agreement.
In summary, North Dakota law provides strong protections for Kitchen Solvers franchisees, ensuring they cannot inadvertently waive their legal rights through standard acknowledgments or agreements. This is more protective than in some other states, where such waivers might be enforceable.