What does the Mr. Sandless franchise agreement supersede regarding statements made in connection with the franchise?
Mr_Sandless 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 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 — RECEIPTS (FDD pages 42–167)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the franchise agreement addresses the validity of statements made during the franchise commencement. Specifically, the agreement states that no statement, questionnaire, or acknowledgment signed by a franchisee regarding the franchise relationship can waive claims under state franchise law, including claims of fraud.
This provision also ensures that franchisees cannot disclaim reliance on statements made by Mr. Sandless, its sellers, or representatives. This protection is crucial for franchisees as it prevents Mr. Sandless from using acknowledgments or statements to avoid liability for misrepresentations or unfulfilled promises made to induce the franchisee to invest.
This clause supersedes any other conflicting terms in any document executed during the franchise process. However, it is important to note that this acknowledgement statement is not for use in California, Maryland, or Washington, and franchisees in Washington should not sign or initial the document.