What representation is prohibited by either party in the Kitchen Solvers Franchise Agreement?

According to Kitchen Solvers's 2025 Franchise Disclosure Document, Section 16.B of the Franchise Agreement initially contained a provision that restricted a franchisee's ability to claim reliance on representations made by Kitchen Solvers. This provision stated that franchisees acknowledged entering the agreement based on their own independent investigation, not as a result of any representations made by Kitchen Solvers' shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that contradicted the terms in the agreement or disclosure documents.

However, this specific provision in Section 16.B of the Franchise Agreement is deleted by addendums in Item 23 for New York and other states. This deletion means that franchisees in these states are not bound by the acknowledgment that they did not rely on representations made by Kitchen Solvers representatives when entering the agreement. This change potentially allows franchisees to bring claims 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 FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision reinforces the franchisee's right to pursue claims based on representations made during the franchise relationship, regardless of any disclaimers or waivers they may have signed. This protection is particularly relevant in states with franchise-specific laws, such as Maryland, Minnesota, and Washington, where additional addenda further clarify franchisees' rights and protections.