Does the provision regarding waivers and disclaimers supersede any other term of any document executed in connection with 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 waivers and disclaimers related to the commencement of the franchise relationship. This provision ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including claims of fraud in the inducement, or disclaim reliance on statements made by Zoomin Groomin or its representatives.
This protection is significant because it prevents Zoomin Groomin from using standardized documents to circumvent state franchise laws or shield themselves from liability for misrepresentations. The FDD explicitly states that this provision supersedes any other term in any document executed in connection with the franchise. This means that if any other clause in the franchise agreement or related documents conflicts with this protection against waivers and disclaimers, this specific provision will take precedence.
For prospective Zoomin Groomin franchisees, this offers a degree of security, ensuring that their rights under state franchise laws are not inadvertently waived through fine print or standard agreements. It also allows franchisees to rely on the representations made by the franchisor during the sales process without fear of those representations being disclaimed later. This clause aims to protect franchisees from potentially overreaching actions by the franchisor and ensures a fairer balance of power in the franchise relationship.
However, franchisees should be aware that this provision primarily addresses waivers and disclaimers related to state franchise laws and fraud in the inducement. It may not necessarily override other contractual terms related to different aspects of the franchise agreement. Therefore, it remains crucial for franchisees to carefully review all documents and seek legal counsel to fully understand their rights and obligations.