factual

Does the Maryland amendment allow a franchisee to disclaim reliance on statements made by the franchisor when signing documents related to the Pearce Bespoke franchise?

Pearce_Bespoke Franchise · 2025 FDD

Answer from 2025 FDD Document

  1. 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 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 22 — CONTRACTS (FDD page 39)

What This Means (2025 FDD)

According to the 2025 Pearce Bespoke Franchise Disclosure Document, the Maryland Amendment ensures that franchisees cannot disclaim reliance on statements made by the franchisor. Specifically, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or their representatives. This provision takes precedence over any conflicting terms in other franchise documents. This protection applies to documents signed in connection with the commencement of the franchise relationship.

This means that Pearce Bespoke franchisees in Maryland retain the right to pursue legal action based on misrepresentations or fraudulent statements made by the franchisor during the franchise sales process. The amendment ensures that franchisees are not forced to forfeit their legal rights through waivers or disclaimers. This is a significant protection for franchisees, as it allows them to hold the franchisor accountable for their statements and actions.

This type of protection is not universally included in franchise agreements across all states, so it represents a notable benefit for Pearce Bespoke franchisees in Maryland. It is designed to create a fairer balance of power between the franchisor and franchisee, ensuring that the franchisee's rights are safeguarded under Maryland law. Prospective franchisees should carefully review all addenda and amendments to the franchise agreement to understand their rights and obligations fully.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.