Does the Maryland amendment supersede other terms in documents related to the Pearce Bespoke franchise?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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, a specific provision within the Maryland amendment addresses the superseding of terms in documents related to the franchise. Specifically, any statement, questionnaire, or acknowledgment signed by a franchisee regarding the commencement of the franchise relationship cannot waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This particular provision explicitly overrides any other conflicting term in any document executed in connection with the Pearce Bespoke franchise.
This means that if a Pearce Bespoke franchisee in Maryland signs any document that appears to waive their rights or disclaim reliance on the franchisor's statements, that part of the document is unenforceable to the extent it contradicts Maryland franchise law. This protection ensures that franchisees cannot inadvertently give up their legal rights through standard paperwork.
For a prospective Pearce Bespoke franchisee in Maryland, this is a beneficial safeguard. It prevents the franchisor from using fine print or boilerplate language to shield themselves from liability for misrepresentations or violations of Maryland franchise law. Franchisees should still carefully review all documents and seek legal advice, but this provision offers an additional layer of protection.