Does the provision regarding waiver of claims and disclaiming reliance supersede other terms in Mrcool franchise documents?

According to Mrcool's 2025 Franchise Disclosure Document, amendments to the franchise agreement address the issue of franchisees waiving rights or disclaiming reliance on franchisor statements. For franchisees in New York, Maryland, Minnesota, California, and Virginia, specific stipulations are in place to protect their rights under applicable state franchise laws.

Specifically, the FDD states that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under state franchise law, including claims related to fraud in the inducement. Similarly, franchisees cannot disclaim reliance on statements made by Mrcool or its representatives. This protection is significant because it prevents Mrcool from using standard contract language to shield itself from liability for misrepresentations or violations of franchise laws.

Moreover, the FDD explicitly states that this provision supersedes any other term in any document executed in connection with the franchise. This means that even if other parts of the franchise agreement seem to contradict this protection, the language preventing waiver of claims and disclaimer of reliance takes precedence. However, these protections are only effective to the extent that the jurisdictional requirements of the relevant state franchise law are met independently, without relying on the amendment itself.

Prospective Mrcool franchisees should be aware of these state-specific amendments and understand that they are designed to provide additional protection beyond the standard terms of the franchise agreement. It is important to consult with a legal professional to fully understand the implications of these provisions and how they apply to their specific situation and state.