In Michigan, can Learningrx require a Learningrx franchisee to sign a waiver that deprives them of rights and protections under the franchise act?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
If you are a franchisee in any of the following states, please do not answer Questions 4 or 11 – 15, as such questions are not applicable to you: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin
Do not sign this Questionnaire if you are a resident of California, Maryland or Washington, or your business will be operated in the states of California, Maryland or Washington.
All Representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law
Source: Item 23 — RECEIPT (FDD pages 54–209)
What This Means (2025 FDD)
According to the 2025 Learningrx Franchise Disclosure Document, if you are a franchisee in Michigan, you are not required to answer questions 4 or 11-15 in the New Franchisee Disclosure Questionnaire. This suggests that certain questions within the questionnaire may not be applicable or enforceable in states like Michigan that have franchise-specific laws.
Furthermore, the document states that representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability are not intended to act as a waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. While this statement specifically references Maryland, it highlights a general concern about waivers of liability and the franchisor's intent regarding their enforceability.
To fully understand your rights and obligations as a Learningrx franchisee in Michigan, it is important to consult with a legal professional experienced in franchise law. This expert can help you interpret the franchise agreement and any related documents in light of Michigan's franchise laws, ensuring that you are aware of your protections and any potential waivers that may be unenforceable.