For Marble Slab Creamery franchises in Maryland, what effect does a franchisee's signed statement, questionnaire, or acknowledgement NOT have regarding claims under state franchise law?
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 the 2025 Marble Slab Creamery FDD, specifically for franchises sold in Maryland, a franchisee's signed statement, questionnaire, or acknowledgement related to the start of the franchise relationship will not waive claims under any applicable state franchise law. This includes claims related to fraud in the inducement. Additionally, these documents cannot disclaim reliance on any statement made by Marble Slab Creamery, its franchise sellers, or anyone acting on behalf of the franchisor. This provision takes precedence over any conflicting terms in any document signed in connection with the franchise agreement.
This means that even if a Marble Slab Creamery franchisee signs a document that appears to waive their rights or acknowledge certain statements, those waivers or acknowledgements will not be valid regarding claims arising under Maryland franchise law. This protects franchisees from inadvertently giving up their legal rights through standard paperwork at the beginning of the franchise relationship.
This type of protection is not uncommon in franchise law, as many states have franchise-specific laws designed to protect franchisees from potentially overreaching franchisors. The Maryland Franchise Registration and Disclosure Law aims to ensure that franchisees are not pressured into relinquishing their rights, especially concerning important issues like fraud or misrepresentation during the franchise sales process. Prospective Marble Slab Creamery franchisees in Maryland should be aware of this provision, as it provides an additional layer of security and recourse under state law.