In Maryland, what is the effect of the addendum on any prior agreements or understandings between Spray Net and the franchisee?
Spray_Net 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 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the Maryland addendum addresses the effect of prior agreements. Specifically, any statement, questionnaire, or acknowledgment signed by a franchisee related to the start of the franchise relationship cannot waive claims under Maryland franchise law, including claims of fraud. It also cannot disclaim reliance on statements made by Spray Net or anyone acting on their behalf.
This provision in the addendum is designed to protect franchisees in Maryland. It ensures that franchisees cannot unknowingly or unintentionally give up their rights under Maryland franchise law through preliminary documents or agreements. This protection extends to claims of fraud, meaning franchisees can still pursue legal action if they believe Spray Net misrepresented information to induce them into the franchise agreement.
Furthermore, the Maryland addendum explicitly states that this provision supersedes any other conflicting terms in any document related to the franchise. This means that even if other agreements contain language that could be interpreted as a waiver or disclaimer, the addendum's provision takes precedence, reinforcing the franchisee's rights under Maryland law. This is a significant protection for franchisees, ensuring that their legal rights are not compromised by potentially overreaching or unclear language in other franchise documents.