Does the Zoomin Groomin franchise agreement supersede any other terms in documents related to the franchise regarding waivers of claims or disclaimers of reliance?
Zoomin_Groomin 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 17 — g. of the Disclosure Document is modified to state that, in addition to the grounds for immediate termination specified in Item 17.h., the franchisor can terminate upon written notice and a 60 day opportunity to cure for a breach of the Franchise Agreement. (FDD pages 51–65)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, a specific provision addresses waivers of claims and disclaimers of reliance. For franchisees in general, no statement, questionnaire, or acknowledgment signed in connection with starting the franchise can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Zoomin Groomin or its representatives.
This provision explicitly overrides any other conflicting terms in any document related to the franchise agreement. This means that even if other documents contain language that suggests a franchisee is waiving certain rights or disclaiming reliance on the franchisor's statements, this specific provision takes precedence, protecting the franchisee's ability to pursue claims under franchise law.
However, it's important to note that addenda for specific states like Maryland, North Dakota, and Minnesota may further modify or clarify these provisions. For example, Maryland's addendum specifies that the general release required for renewal, sale, or transfer does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law. Similarly, Minnesota law prohibits requiring a franchisee to assent to a general release. Therefore, franchisees should carefully review the addenda applicable to their state to understand the full scope of their rights and protections.
In summary, Zoomin Groomin franchisees are generally protected from unknowingly waiving their rights or disclaiming reliance on the franchisor's statements due to the superseding nature of the provision within the franchise agreement. However, the specific protections and limitations may vary based on the franchisee's location and the applicable state laws, as outlined in the relevant state-specific addenda.