factual

Does the provision regarding waivers and disclaimers in the Kitchen Solvers franchise agreement supersede other terms in documents executed in connection with the franchise?

Kitchen_Solvers Franchise · 2025 FDD

Answer from 2025 FDD Document

No statement, questionnaire, or acknowledgment 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 the superseding effect of waivers and disclaimers. For franchisees in general, no statement, questionnaire, or acknowledgment signed in connection with starting the franchise can waive claims under state franchise law, including fraud, or disclaim reliance on franchisor statements. This specific provision overrides any other conflicting terms in any document related to the franchise agreement.

For franchisees in certain states, addenda to the Kitchen Solvers franchise agreement further clarify the relationship between waivers/disclaimers and other agreement terms. For example, in New York, any conflicting provision in the Franchise Agreement is amended to comply with New York General Business Law, and no general release signed by the franchisee releases claims under that law. Similarly, in Maryland and Illinois, representations requiring franchisees to waive liability do not act as a waiver of liability under their respective state franchise laws. California also has similar protections in place.

These stipulations provide significant protection for Kitchen Solvers franchisees. They ensure that franchisees cannot inadvertently waive their rights under state franchise laws through standard documents or acknowledgments. The inclusion of addenda for specific states indicates Kitchen Solvers' awareness of and compliance with varying state franchise regulations, which is a positive sign for prospective franchisees. This also means that franchisees' rights are strongly protected against waivers or disclaimers, especially concerning fraud or misrepresentation by Kitchen Solvers.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.