How does the Maryland amendment affect inconsistent provisions in the Pearce Bespoke Area Development Agreement regarding liability releases?

The Maryland Franchise Registration and Disclosure Law prohibits a franchisor from requiring a franchisee's assent to a release of liability under that Law as a condition for the sale, renewal, assignment or transfer of the franchise. To the extent of any inconsistencies with the Maryland Franchise Registration and Disclosure Law contained in the Area Development Agreement such inconsistent provisions are hereby deleted.

• 1. To the extent of any inconsistencies, Area Development Agreement is hereby amended to further state:
  • "Our right to terminate you upon your bankruptcy, however, may not be enforceable under federal bankruptcy law (11 U.S.C. §101 et. seq.)."
• 1. To the extent of any inconsistencies, the Area Development Agreement is hereby amended to further state:
  • "Nothing herein shall waive your right to file a lawsuit alleging a cause of action arising under the Maryland Franchise Law in any court of competent jurisdiction in the State of Maryland."
• 1. To the extent of any inconsistencies, the Area Development Agreement is hereby amended to further state:
  • "Any claims arising under the Maryland Franchise Law must be brought within three (3) years after the grant of the franchise."
• 1. 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.
• 1. Each provision of this Amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law, Md. Code Ann., Bus. Reg. § 14-201 et seq., are met independently without reference to this Amendment.
• 1. Section 2 of the Area Development Agreement is hereby amended to state that the Franchisor will defer collection of the Franchise Fee until the first franchise under the development agreement opens.
• 1. To the extent of inconsistencies, the Area Development Agreement is hereby 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.

Source: Item 22 — CONTRACTS (FDD page 39)