What is the franchisee acknowledging regarding their reliance on representations or guarantees from My Salon Suite?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement and franchisee questionnaire are amended to state that 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
The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under Federal Bankruptcy Law (11 U.S.C.A Sec. 101 et seq.).
Exhibit I: Summary of Acknowledgements is amended to include the following:
"All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to not shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law."
No Waiver of Disclaimer of Reliance. 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 any 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 95–230)
What This Means (2025 FDD)
According to the 2025 My Salon Suite Franchise Disclosure Document, franchisees in Maryland are not required to waive their right to file a lawsuit claiming a violation of the Maryland Franchise Law. The FDD states that any 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.
Furthermore, the document explicitly states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement. Additionally, franchisees are not disclaiming reliance on any statement made by My Salon Suite, its sellers, or anyone acting on their behalf. This provision supersedes any other term in any document executed in connection with the franchise.
This means that even if a franchisee signs an agreement that seems to waive their rights or disclaim reliance on statements made by My Salon Suite, those waivers are not legally binding under Maryland franchise law. This protects franchisees from being bound by potentially misleading or fraudulent statements made during the franchise sales process and ensures they retain their legal rights to pursue claims against the franchisor if necessary.