What representation does a Kitchen Solvers franchisee make to Kitchen Solvers as an inducement to enter the franchise agreement?
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."
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, Section 16.B of the Franchise Agreement initially contains a provision where the franchisee acknowledges entering the agreement based on their own independent investigation, not due to any representations made by Kitchen Solvers or its representatives that contradict the agreement or disclosure documents. However, this provision is deleted via addendums in several states including New York, Maryland, California, North Dakota, and Washington.
This deletion means that Kitchen Solvers franchisees in those states are not held to the acknowledgement that their decision to enter the agreement was solely based on their own investigation. This could potentially allow franchisees in these states to bring claims against Kitchen Solvers based on representations made to them during the franchise sales process, even if those representations are not explicitly stated in the franchise agreement or disclosure documents.
Furthermore, the addendums for Minnesota, New York, North Dakota, and Washington state that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Kitchen Solvers or its representatives. This provision strengthens the franchisee's position by preventing Kitchen Solvers from using such documents to avoid liability for misrepresentations.
These addendums reflect a trend towards protecting franchisees' rights and ensuring franchisors are accountable for their representations during the franchise sales process. Prospective Kitchen Solvers franchisees should carefully review these addendums and understand their implications for their rights and obligations under the franchise agreement, especially regarding reliance on representations made by the franchisor.