Regarding All County, what are the implications if someone made promises contrary to the FDD?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
speaking on our behalf made any statement or promise regarding | | | the costs you may incur in operating a Franchised Business that is contrary to, or different from, | | | the information contained in the Disclosure Document? | | | | | | Yes. No. | | | |
(continued)
| 14. | Has any employee or other person speaking on our behalf made any statement or promise concerning the likelihood of success that you should or might expect to achieve from operating a Franchised Business? |
|---|---|
| | |
| Yes. No. | |
| 15. | Has any employee or other person speaking on our behalf made any statement, promise, or |
| agreement concerning the advertising, marketing, training, support service or assistance that we | |
| will furnish you that is contrary to, or different from, the information contained in the Disclosure | |
| Document? | |
| | |
| Yes. No. | |
| 16. | If you have answered "Yes" |
| to any of questions nine (9) through fifteen (15), please provide a full | |
| explanation of your answer in the following blank lines. (Attach additional pages, if necessary, and | |
| refer to them below.) If you have answered "No" | |
| to each of such questions, please leave the | |
| following lines blank. | |
| 17. | Do you understand that in all dealings with you, our officers, directors, employees and agents act |
| only in a representative capacity and not in an individual capacity and such dealings are solely | |
| between you and the Franchisor? | |
| | |
| Yes. No. | |
| 18. | Do you understand that nothing in the Franchise Agreement or in our communications with one |
| another is intended to make, or in fact makes, either you or us a general or limited partner, general | |
| or special agent, joint venturer, or employee of the other for any purpose, that the Franchise | |
| Agreement does not create a fiduciary relationship between you and us, and that we and you are | |
| and will be independent contractors during the term of the Franchise Agreement? | |
| | |
| Yes. No. | |
| questions. |
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 All County Franchise Disclosure Document, All County uses an Acknowledgment Addendum to determine if unauthorized or untrue statements were made to prospective franchisees. This addendum requires prospective franchisees to answer questions about statements or promises made during the franchise sales process.
Specifically, the addendum asks whether any employee or person speaking for All County made statements about the likelihood of success or promises about advertising, marketing, training, support, or assistance that contradict the information in the FDD. Franchisees must provide a full explanation if they answer "yes" to any of these questions.
For franchisees in California, the FDD states that no statement, questionnaire, or acknowledgment can waive claims of fraud in the inducement or disclaim reliance on statements made by All County or its representatives. This provision supersedes any other conflicting terms in any document related to the franchise agreement. This means that even if a franchisee signs a document that seems to waive their right to claim they relied on false promises, they may still be able to pursue a fraud claim under California law.