In Washington, can a Stretch Zone franchisee disclaim reliance on statements made by the franchisor or its representatives through a signed statement, questionnaire, or acknowledgment?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Questionnaires and Acknowledgments. 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 8 — Receipts. Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting or ten (10) business days before the execution of the franchise or other agreement or the payment of any consideration that relates to the franchise relationship. (FDD pages 99–263)
What This Means (2025 FDD)
According to the 2025 Stretch Zone Franchise Disclosure Document, Washington State law provides specific protections to franchisees. In Washington, any statement, questionnaire, or acknowledgment signed by a Stretch Zone franchisee cannot waive claims under state franchise law, including claims of fraud in the inducement.
Specifically, a Stretch Zone franchisee in Washington cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on behalf of the franchisor. This means that even if a franchisee signs a document stating they did not rely on certain representations, that disclaimer will not be legally effective in Washington.
This provision is designed to protect franchisees from unknowingly waiving their rights or being bound by disclaimers that could be detrimental to their interests. The FDD explicitly states that this provision supersedes any other conflicting term in any document executed in connection with the franchise, reinforcing the protection afforded to Stretch Zone franchisees in Washington.