Can a Kitchen Solvers franchisee in Wisconsin disclaim reliance on statements made by the franchisor or its representatives?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Ch. 135, Stats., the Wisconsin Fair Dealership Law, supersedes any provisions of this Agreement or a related document between you and us inconsistent with the 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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- 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."
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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.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, a franchisee in Wisconsin cannot disclaim reliance on statements made by Kitchen Solvers or its representatives. The FDD includes an addendum that specifically addresses this issue, stating that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision overrides any other conflicting terms in the franchise agreement.
This means that even if a Kitchen Solvers franchisee in Wisconsin signs a document suggesting they did not rely on the franchisor's statements, that document will not prevent them from bringing a claim based on those statements. This protection is particularly relevant in cases of alleged misrepresentation or fraud during the franchise sales process.
This type of protection is not uncommon in franchise agreements, as many states have franchise laws designed to protect franchisees from overreaching by franchisors. These laws often aim to ensure that franchisees are not forced to waive their legal rights as a condition of entering into the franchise agreement.
Prospective Kitchen Solvers franchisees in Wisconsin should be aware of this protection and understand that they retain the right to pursue claims against the franchisor based on statements made during the franchise sales process, regardless of any disclaimers they may have signed. This addendum provides an additional layer of security for franchisees, ensuring they are not unfairly prejudiced by contractual terms that might otherwise limit their legal recourse.