In Maryland, what effect does a statement, questionnaire, or acknowledgment signed by a Spray Net franchisee have on waiving claims under state franchise law?
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, any statement, questionnaire, or acknowledgment signed by a franchisee in Maryland at the start of their franchise relationship will not waive claims under Maryland franchise law. This includes claims related to fraud in the inducement or disclaiming reliance on statements made by Spray Net or its representatives. This provision overrides any conflicting terms in any document signed in connection with the franchise agreement.
This protection ensures that Maryland franchisees retain their rights under state franchise law, regardless of any agreements they may sign during the initial phase of the franchise relationship. It prevents Spray Net from using standardized documents to inadvertently or intentionally limit a franchisee's legal recourse.
For a prospective Spray Net franchisee in Maryland, this addendum offers significant security. It means that even if certain documents contain language that appears to waive rights, those waivers will not be enforced under Maryland law. This protection is particularly important in cases of misrepresentation or fraud, where a franchisee might otherwise be bound by disadvantageous terms.
This type of state-specific addendum is common in franchising, as state laws vary significantly. Franchisees should always carefully review any state-specific addenda to understand their rights and obligations within their particular jurisdiction.