Is the identity of the drafter relevant to interpreting the Advanced Mobile Iv And Amiv agreement?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
This franchise disclosure document summarizes certain provisions of the franchise agreement and other information in plain language. Read this disclosure document and all agreements carefully. If Advanced Mobile IV, LLC dba AMIV offers you a franchise, it must provide this franchise disclosure document to you by the earliest of:
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- The first personal meeting to discuss the franchise (if you are in New York); OR
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- 14 calendar days before you sign a binding agreement or make a payment with the franchisor or an affiliate in connection with the proposed franchise sale (10 business days if you are in Michigan, New York).
If Advanced Mobile IV, LLC dba AMIV does not deliver this franchise disclosure document on time or if it contains a false or misleading statement, or a material omission, a violation of federal and State law may have occurred and should be reported to the Federal Trade Commission, Washington, D.C. 20580 and the state agency listed in Exhibit F.
The name, principal business address, and telephone number of each franchise seller offering the franchise are:
Ashley Yardley, Holly Hansen, Regan Winder, Kristy Bell, 1971 S. 2660 E., St. George, UT 84790, (435) 559-2911 Other:
Our authorized agents for service of process are identified on Exhibit F to this Franchise Disclosure Document.
Date of Issuance: August 11, 2023, as amended February 6, 2024
I have received a disclosure document dated as indicated above that included the following Exhibits:
- A. Financial Statements
- B. Standard Franchise Agreement and schedules
- C. Telephone Acknowledgment and Conditional Assignment
- D. EFT Authorization
- E. State Law Addendum
- F. List of State Agents for Service of Process and State Administrators
- G. SBA Addendum
- H. List of Current and Former Franchisees
- I. Medical Director Agreements
- J. Confirmation of Additional Terms and Representations
- K. State Effective Dates
Receipt
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
Based on the 2023 Franchise Disclosure Document, the identity of the drafter is relevant to interpreting the Advanced Mobile IV and AMIV agreement. The document includes a receipt that acknowledges the franchisee has received the FDD, which summarizes provisions of the franchise agreement. This receipt also states that if Advanced Mobile IV, LLC dba AMIV does not deliver the franchise disclosure document on time or if it contains a false or misleading statement, or a material omission, a violation of federal and State law may have occurred.
The FDD also lists the names of the franchise sellers offering the franchise: Ashley Yardley, Holly Hansen, Regan Winder, and Kristy Bell. Furthermore, Exhibit J, titled "Confirmation of Additional Terms and Representations," is included in the FDD. This exhibit aims to verify information about the sales process and confirm any additional commitments or terms made by Advanced Mobile IV and AMIV's representatives during negotiations.
This confirmation is important because Advanced Mobile IV and AMIV expressly disclaim any representations, warranties, or guarantees about potential revenues, cost savings, or profits that are not explicitly stated in the agreement or the FDD. Franchisees acknowledge that they have not relied on any representations made by the franchisor's officers, directors, employees, or agents that are not included in the agreement. Any oral representations made by representatives are either ratified by inclusion in the document or disavowed by exclusion. Therefore, the drafter's identity and any representations made during the sales process are relevant to understanding the full scope of the agreement and the franchisee's rights and obligations.