What effect does a statement, questionnaire, or acknowledgement signed by a Marble Slab Creamery franchisee NOT have in connection with the commencement of the franchise relationship?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, a statement, questionnaire, or acknowledgement signed by a franchisee when starting their franchise relationship does not waive claims under state franchise law. This includes claims related to fraud during the initial stages of securing the franchise.
Specifically, these documents cannot disclaim reliance on statements made by Marble Slab Creamery, its franchise sellers, or anyone acting on the company's behalf. This protection is in place to ensure that franchisees are not bound by agreements that prevent them from pursuing legal recourse if they believe they were misled or defrauded.
This provision is designed to override any conflicting terms in any document signed in connection with the franchise agreement. This means that even if other parts of the agreement suggest a waiver or disclaimer, this specific clause will take precedence, safeguarding the franchisee's rights under applicable state franchise laws.