What does the provision regarding waivers and disclaimers in the Kitchen Solvers franchise agreement supersede?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Kitchen Solvers Franchise Disclosure Document, a specific provision addresses waivers and disclaimers within the franchise agreement. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship can waive claims under state franchise law, including those related to fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by Kitchen Solvers or its representatives.
This clause is designed to protect franchisees from inadvertently giving up their legal rights through standard documents or acknowledgments. It specifically applies to any document executed in connection with the franchise agreement, meaning it has broad implications for various forms and agreements a franchisee might encounter.
For a prospective Kitchen Solvers franchisee, this means that any prior agreements or statements they make cannot override their rights under applicable state franchise laws. This offers a layer of protection against potentially overreaching clauses or disclaimers that might otherwise limit their ability to pursue legal claims against the franchisor. This protection extends to claims of fraud and reliance on franchisor statements, ensuring franchisees are not penalized for trusting information provided to them during the franchise sales process.