Are Kitchen Solvers franchisees required to acknowledge that their success depends on their ability as an independent businessperson?
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, franchisees in several states are NOT required to acknowledge that their success depends on their ability as an independent businessperson. Specifically, an addendum to the franchise agreement deletes a clause that would have required this acknowledgement.
This deletion is outlined in multiple addenda to the Kitchen Solvers Franchise Agreement, each tailored to specific states such as New York, California, Washington, North Dakota, Maryland, and Minnesota. The specific clause being removed from Section 16.B of the Franchise Agreement states that the franchisee acknowledges entering the agreement based on their own independent investigation, rather than relying on representations made by Kitchen Solvers that contradict the terms of the agreement or disclosure documents.
The removal of this clause suggests that Kitchen Solvers franchisees in these states are not held to the same standard of acknowledging sole responsibility for their business's success based on their independent investigation. This could potentially offer franchisees in these states more legal recourse if they feel misled by representations made by the franchisor during the franchise sales process. It also shifts some of the responsibility for the franchisee's understanding of the business opportunity from the franchisee to Kitchen Solvers, at least within the legal frameworks of those specific states.