When is a release or waiver of rights valid for a Nothing Bundt Cakes franchise agreement in Washington?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT J TO THE DISCLOSURE DOCUMENT FRANCHISEE DISCLOSURE ACKNOWLEDGMENT STATEMENT
THIS ACKNOWLEDGEMENT SHALL NOT BE COMPLETED BY YOU, AND WILL NOT APPLY, IF THE OFFER OR SALE OF THE FRANCHISE IS SUBJECT TO THE STATE FRANCHISE DISCLOSURE LAWS IN THE STATES OF CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
THIS ACKNOWLEDGEMENT SHALL NOT BE COMPLETED BY YOU, AND WILL NOT APPLY, IF THE FRANCHISE IS TO BE OPERATED IN, OR IF YOU ARE A RESIDENT OF, CALIFORNIA OR MARYLAND.
As you know, NBC Franchisor LLC (the "Franchisor") and you are preparing to enter into a Franchise Agreement for the establishment and operation of a "Nothing Bundt Cakes" Bakery. The purpose of this Questionnaire is to determine whether any statements or promises were made to you by employees or authorized representatives of Franchisor, or by employees or authorized representatives of a broker acting on behalf of the Franchisor ("Broker"), that have not been authorized, or that were not disclosed in the Disclosure Document or that may be untrue, inaccurate or misleading. The Franchisor, through the use of this document, desires to ascertain (a) that the undersigned, individually and as a representative of any legal entity established to acquire the franchise rights, fully understands and comprehends that the purchase of a franchise is a business decision, complete with its associated risks, and (b) that you are not relying upon any oral statement, representations, promises or assurances during the negotiations for the purchase of the franchise which have not been authorized by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
According to the 2025 Nothing Bundt Cakes Franchise Disclosure Document, the Franchisee Disclosure Acknowledgment Statement included as Exhibit J to the document will not be completed or apply if the offer or sale of the franchise is subject to state franchise disclosure laws in Washington. This means that any release or waiver of rights within that statement would not be valid or enforceable for a Nothing Bundt Cakes franchise in Washington.
This acknowledgement is used by Nothing Bundt Cakes to confirm that the franchisee understands that purchasing a franchise is a business decision with associated risks and that they are not relying on any unauthorized oral statements or promises made during negotiations. However, this protection for the franchisor does not extend to franchisees in states like Washington that have their own franchise disclosure laws.
For a prospective Nothing Bundt Cakes franchisee in Washington, this means that the protections and rights afforded to them under Washington's franchise laws cannot be waived or released through this particular acknowledgment. Washington's franchise laws are designed to protect franchisees, and this provision ensures those protections remain in place. Franchisees should be aware of their rights under state law and consult with an attorney to fully understand the implications of any waivers or releases they may be asked to sign.