Does the Kitchen Solvers Franchise Agreement for North Dakota franchisees require acknowledgement of independent investigation?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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."
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the standard franchise agreement includes a clause where franchisees acknowledge they conducted their own independent investigation. However, for franchisees in North Dakota, this specific provision is removed from the agreement. This means North Dakota Kitchen Solvers franchisees are not required to acknowledge that they independently investigated the Kitchen Solvers franchise program.
This deletion is outlined in the addendum to the Kitchen Solvers Franchise Agreement specifically for the state of North Dakota. The addendum states that the following provision in Section 16.B of the Franchise Agreement is 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."
This modification protects the rights of Kitchen Solvers franchisees in North Dakota, ensuring they cannot be held to a statement suggesting they did not rely on representations made by the franchisor during their decision-making process. This is particularly important because it prevents Kitchen Solvers from using this clause to defend against potential claims of misrepresentation or fraud under the North Dakota Franchise Investment Law. Prospective franchisees in North Dakota should note this addendum when reviewing their franchise agreement.