Can a Zoomin Groomin franchisee disclaim reliance on statements made by the franchisor?
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 the 2025 Zoomin Groomin FDD, franchisees in certain states cannot disclaim reliance on statements made by the franchisor. Specifically, addenda for California, New York, Washington, and North Dakota state that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor or their representatives. These provisions override any conflicting terms in other franchise documents. This protection ensures that franchisees in these states can pursue legal recourse if they believe they were misled during the franchise sales process.
For prospective Zoomin Groomin franchisees in California, Illinois, Maryland, Minnesota, New York, North Dakota, and Washington, these addenda provide additional safeguards. The Illinois addendum states that its provisions control if any terms in the Franchise Disclosure Document or Franchise Agreement are inconsistent. The Maryland addendum modifies specific items related to dispute resolution and releases. The Minnesota addendum addresses litigation, franchisee rights, and trademark protection. The Washington addendum emphasizes that no statement can waive claims or disclaim reliance on the franchisor's statements.
These state-specific addenda reflect an effort to strengthen franchisee rights and protections, particularly concerning reliance on franchisor statements and the ability to pursue claims of fraud. Prospective Zoomin Groomin franchisees should carefully review the addendum applicable to their state to understand their rights and how these provisions may affect their franchise agreement. It is advisable to consult with a legal professional to fully understand the implications of these clauses and how they apply to their specific circumstances.