Are Kitchen Solvers franchisees required to acknowledge they have read all related documents to the Franchise Agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisor will not require you to execute the Franchise Acknowledgement/Compliance Certification that is attached to the Franchise Agreement. If you do execute the Franchisee Acknowledgment/Compliance Questionnaire, we will disregard it and not rely on it.
Section 16(I) of the Franchise Agreement requires the franchisee to consent to a waiver of exemplary and punitive damages. This Section is hereby amended with the following language:
Provisions requiring the franchisee to consent to a waiver of exemplary and punitive damages are in violation of California Corporations Code section 31521.
All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the California Corporations Code section 31201 and 31521.
Nothing in the Franchise Agreement prevents the franchisee from bringing a lawsuit in California for claims arising under the California Corporations Code section 31201 and 31521.
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
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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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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
This Addendum is being entered into in connection with the Franchise Agreement. In the event of any conflict between this Addendum and the Franchise Agreement, the terms and conditions of this Addendum shall apply.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to the 2025 Kitchen Solvers Franchise Disclosure Document, the franchisor will not require franchisees to execute the Franchise Acknowledgement/Compliance Certification that is attached to the Franchise Agreement. If a franchisee does execute the Franchisee Acknowledgment/Compliance Questionnaire, Kitchen Solvers will disregard it and not rely on it. This policy is outlined in an addendum to the franchise agreement.
This means that Kitchen Solvers franchisees are not obligated to sign a document acknowledging they have read and understood all related documents. However, the addendum also states that no statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall waive any claims under any applicable state franchise law, including fraud in the inducement, or disclaim 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.
This policy is further reinforced by the deletion of Section 16.B from the Franchise Agreement in several addenda for different states (New York, California, Maryland, Wisconsin, and Illinois). Section 16.B states that the franchisee acknowledges entering the agreement as a result of their own independent investigation and not due to any representations made by Kitchen Solvers that contradict the terms of the agreement or disclosure documents. The removal of this section suggests Kitchen Solvers aims to avoid disputes over franchisees claiming they relied on external representations rather than the official documents.
Prospective Kitchen Solvers franchisees should note that while they are not required to sign an acknowledgment, any signed documents related to the franchise relationship cannot waive their rights under state franchise laws or disclaim reliance on statements made by the franchisor. This provides some protection to franchisees in case of disputes or misrepresentations.