For Kitchen Solvers, in which states does the NASAA SOP Acknowledgment apply?
Kitchen_Solvers Franchise · 2025 FDDAnswer 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 and 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 Kitchen Solvers' 2025 Franchise Disclosure Document, addenda address specific state laws regarding acknowledgments signed by franchisees. These acknowledgments, often required when starting a franchise, cannot waive rights under state franchise laws, including claims of fraud. This protection extends to franchisees in California, New York, and Maryland, ensuring that franchisees in these states cannot disclaim reliance on franchisor statements. The provision overrides any conflicting terms in the franchise agreement.
For a Kitchen Solvers franchisee, this means that signing an acknowledgment or questionnaire does not prevent them from pursuing claims against Kitchen Solvers under applicable state franchise laws. This includes instances of alleged fraud or misrepresentation by Kitchen Solvers during the franchise sales process. The FDD specifically highlights that these protections supersede any other terms within the franchise documents, reinforcing the franchisee's rights.
This type of clause is included to comply with franchise sales regulations in certain states. These regulations aim to protect franchisees from unknowingly waiving their legal rights through standard form agreements. Prospective Kitchen Solvers franchisees should carefully review the addenda applicable to their state and consult with legal counsel to fully understand their rights and obligations under the franchise agreement and relevant state laws.