Does the provision regarding waiver of claims and disclaiming reliance supersede other terms in documents executed for the Zoomin Groomin franchise?
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 Franchise Disclosure Document, a specific provision addresses the waiver of claims and disclaiming reliance. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee at the start of their franchise relationship can waive claims under state franchise law, including those related to fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by Zoomin Groomin or its representatives.
This clause is designed to protect franchisees from unknowingly giving up their legal rights or being bound by disclaimers that could harm their ability to pursue legitimate claims. The FDD explicitly states that this provision supersedes any other conflicting terms in any document associated with the franchise agreement. This means that if any other part of the franchise agreement or related documents contains language that contradicts this protection, the waiver and disclaimer provision takes precedence.
For prospective Zoomin Groomin franchisees, this is a crucial safeguard. It ensures that they retain their rights under applicable state franchise laws and can rely on the representations made by the franchisor during the franchise sales process. This protection is particularly important in states with strong franchise laws, as it prevents the franchisor from circumventing these laws through contractual clauses. Franchisees should carefully review all documents to understand their rights and ensure compliance with this superseding provision.