What effect do statements, questionnaires, or acknowledgments signed by a Kitchen Solvers franchisee have on waiving claims under state franchise law related to the Area Development Agreement?
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 Kitchen Solvers' 2025 Franchise Disclosure Document, a standard provision exists to protect franchisees. Regardless of what a Kitchen Solvers franchisee might sign or agree to, such as statements, questionnaires, or acknowledgments related to commencing the franchise relationship, these documents will not waive any claims under applicable state franchise law. This protection specifically includes claims related to fraud in the inducement.
This clause ensures that franchisees retain their legal rights under state franchise laws, even if other documents might suggest otherwise. The provision explicitly states that it supersedes any other conflicting terms within any document executed in connection with the franchise. This means that Kitchen Solvers franchisees cannot inadvertently waive their rights through standard paperwork at the beginning of their franchise agreement.
Several states, including California, Illinois, Maryland, Minnesota, New York, and Wisconsin, have addenda reinforcing this protection. For example, the Maryland addendum to the Area Development Agreement explicitly states that representations requiring prospective franchisees to assent to a release, estoppel, or waiver of 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 these states have additional safeguards against unintentionally relinquishing their legal rights under state franchise laws.