What specific acknowledgement regarding independent investigation is Kitchen Solvers removing from Section 16.B of 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."
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, several addenda modify the standard franchise agreement for franchisees in specific states. These addenda remove a specific provision in Section 16.B of the Franchise Agreement. This section originally contained an acknowledgement by the franchisee regarding their independent investigation into the Kitchen Solvers franchise program.
Specifically, the deleted provision stated that the franchisee acknowledges entering the agreement based on their own independent investigation, and not due to any representations made by Kitchen Solvers's shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that contradict the terms in the agreement or any disclosure documents. This deletion appears in addenda applicable to franchisees in New York, North Dakota, Illinois, and Wisconsin.
The removal of this clause may have significant implications. Typically, such clauses are intended to protect the franchisor from claims that the franchisee relied on misleading information from the franchisor's representatives. By removing this acknowledgement, Kitchen Solvers may be opening itself up to potential claims of misrepresentation or reliance on information outside of the official FDD and franchise agreement. This could provide franchisees with stronger legal grounds to pursue claims against Kitchen Solvers if they believe they were misled during the franchise sales process.
Prospective franchisees should note this change carefully, especially if they are located in the states for which this addendum applies. It is advisable to consult with a franchise attorney to fully understand the implications of this deletion and how it might affect their rights and obligations under the franchise agreement. This also underscores the importance of conducting thorough due diligence and documenting all communications with the franchisor and its representatives during the pre-sale process.