; and (iii) which a prospective franchisee would expect in reasonable reliance on the written and oral commitments and representations of the franchisor; and (B) a franchisor shall be permitted to show that it contracted for, hired, or purchased the expertise necessary to comply with the requirements of this subsection and that such expertise was incorporated in the franchise or communicated or provided to the franchisee. (3) The requirement of this subsection may not be waived by agreement or by conduct, but the franchisor may limit in writing the nature and scope of its skill and knowledge, and of its undertaking with a prospective franchisee, by stating that it claims no skill or knowledge in a particular area, provided that no inconsistent representation, whether written or oral, is made to the prospective franchisee irrespective of any merger or integration clause in the franchise agreement. 5. Procedural fairness (a) In general It shall be unlawful for any franchisor, either directly or indirectly through another person, to— (1) require any term or condition in a franchise agreement, or in any agreement ancillary or collateral to a franchise, which directly or indirectly violates any provision of this Act; (2) require a franchisee to assent to any disclaimer, waiver, release, stipulation, or other provision which would purport— (A) to relieve any person from a duty imposed by this Act, except as part of a settlement of a preexisting bona fide dispute; or (B) to protect any person against any liability to which he would otherwise be subject under this Act by reason of willful misfeasance, bad faith, or gross negligence in the performance of duties, or by reason of reckless disregard of obligations and duties under the franchise agreement