Are representations requiring prospective My Salon Suite franchisees to assent to a release, estoppel, or waiver of liability intended to act as such under the Maryland Franchise Registration and Disclosure Law?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
Representations in the Franchise Agreement and Supplemental Agreements 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.
ITEM 17 of the FDD and sections of the Franchise Agreement and Supplemental Agreements are amended to state that you may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three (3) years after the grant of the Franchise.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, representations in the Franchise Agreement and Supplemental Agreements are explicitly stated as not intended to act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This means that even if a franchisee signs documents that appear to waive their rights, those waivers will not be enforced regarding liabilities arising from Maryland's franchise laws.
This protection is further reinforced by amendments to Item 17 of the FDD and sections of the Franchise Agreement and Supplemental Agreements, which clarify that a franchisee can bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. However, any such claims must be initiated within three years after the franchise is granted.
These stipulations provide a safeguard for My Salon Suite franchisees in Maryland, ensuring that they retain their legal rights under state franchise law despite any potentially conflicting language in the franchise agreement. This is a significant benefit, as it prevents franchisees from inadvertently relinquishing their ability to seek legal recourse for violations of Maryland franchise law.