Does the Kitchen Solvers franchisee's waiver of claims include death or injuries to persons?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
As you know, you and we are entering into a Franchise Agreement for the operation of a KITCHEN SOLVERS® franchise. The purpose of this Compliance Certification is to determine whether any statements or promises were made to you that we have not authorized or that may be untrue, inaccurate or misleading, and to be certain that you understand the limitations on claims that may be made by you by reason of the offer and sale of the franchise and operation of your business. Please review each of the following questions carefully and provide honest responses to each question.
**Acknowledgments and Representations
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, there is no explicit mention of a waiver of claims related to death or injuries to persons. The document includes a 'Franchisee Acknowledgment/Compliance Certification' that aims to determine if any unauthorized statements or promises were made during the franchise sales process. It also seeks to ensure the franchisee understands the limitations on claims they can make regarding the franchise offer and their business operations.
However, the acknowledgment specifically states that it does not act as a release, estoppel, or waiver of any liability incurred under the Illinois Franchise Disclosure Act or the Maryland Franchise Registration and Disclosure Law. This suggests that while the franchisee makes certain acknowledgments, these do not broadly waive all potential claims.
Given the absence of a specific clause addressing waivers for death or personal injury claims, prospective Kitchen Solvers franchisees should consult with legal counsel to understand their potential liabilities and rights fully. It would be prudent to ask the franchisor directly about their policies and any specific waivers franchisees are expected to provide, particularly concerning liability for personal injury or death.