What effect do statements, questionnaires, or acknowledgements signed by a Kitchen Solvers franchisee have on waiving claims under state franchise law?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD 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 (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.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, any statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship will not waive claims under state franchise law. This includes claims related to fraud in the inducement or disclaiming reliance on statements made by Kitchen Solvers or their representatives. This protection is highlighted in addenda for franchisees in California, Illinois, Maryland, Minnesota, New York, and Wisconsin. This provision overrides any conflicting terms in other documents signed in connection with the franchise agreement.
For a prospective Kitchen Solvers franchisee, this means that signing any document during the franchise commencement process will not prevent them from pursuing legal claims under applicable state franchise laws. This safeguard is particularly relevant if a franchisee believes they were misled or defrauded into entering the agreement. The FDD emphasizes that franchisees cannot be forced to waive their rights under state franchise laws through standard acknowledgments or questionnaires.
This type of clause is included to protect franchisees, especially in states with franchise-specific laws designed to ensure fair practices. It prevents Kitchen Solvers from using standardized documents to circumvent these protective laws. The inclusion of addenda for specific states indicates that Kitchen Solvers is aware of and aims to comply with varying state regulations regarding franchise relationships.
It is important for potential Kitchen Solvers franchisees to understand that while these provisions protect their rights, they should still conduct thorough due diligence before signing any agreements. Consulting with a legal professional experienced in franchise law is advisable to fully understand their rights and obligations under the franchise agreement and applicable state laws.