Is a verbal approval of a site by an All County employee binding?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.2. Location Approval. A properly executed site acceptance form is the exclusive means by which we accept a proposed site, and no other direct or indirect representation, approval or acceptance, whether in writing or verbally, by any of our officers, employees or agents, shall be effective or bind us. We will make reasonable efforts to make a determination on your site acceptance form within seven (7) days after receipt of it and any other materials that we have requested. We will furnish you with our standard site selection criteria and assistance for the Business, as we may establish from time to time.
- 8.3. Qualifying Factors. Factors used by us in deciding whether to accept or reject a proposed site may include, but is not limited to, the general location and neighborhood, demographic information, traffic patterns, zoning, access, visibility, location of other similar businesses or related establishments (including other ALL COUNTY® businesses) and size, condition, configuration, appearance and other physical characteristics of the site.
- 8.4. Independent Investigation. Your decision to develop and operate the Business at any particular site is based solely on your own independent investigation of the suitability of the site for the Business. You acknowledge and agree that your acceptance of the proposed site is based on your own independent investigation of the suitability of the proposed site.
- 8.5. Disclaimer of Guarantee. Our recommendation or approval of any proposed site and any information communicated to you regarding such site does not constitute a representation or warranty of any kind, express or implied, as to the suitability or success of such Location. Our recommendation or approval of the proposed site indicates only that the proposed site satisfies the general guidelines and criteria for Locations that we have established.
- 8.6. General Release. In consideration of our acceptance of a proposed site, you and your Owners agree to release us, and our affiliates, officers, directors, employees and agents from any and all loss, damages and liability arising from or in connection with the selection and/or acceptance of such site for the development of an ALL COUNTY® business. Any general release required in the Franchise Agreement as a condition of renewal, sale, and/or assignment or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, a verbal approval of a site by an All County employee is not binding. The FDD states that the only way All County will accept a proposed site is through a properly executed site acceptance form. No other form of approval, whether written or verbal, from any All County officer, employee, or agent, is considered effective or binding.
This means that even if a representative of All County verbally indicates that a location is suitable, the franchisee cannot rely on that assurance. The franchisee must obtain a properly executed site acceptance form to secure the location. This protects All County from potential misunderstandings or unauthorized commitments made by its personnel.
All County also commits to making a determination on the site acceptance form within seven days of receiving it, along with any other requested materials. They will also provide their standard site selection criteria and assistance for the business. This process ensures that site selection aligns with All County's established guidelines and that franchisees receive support in making informed decisions.
Prospective franchisees should be aware that their decision to develop and operate the business at a particular site should be based solely on their own independent investigation of the site's suitability. All County's recommendation or approval does not constitute a warranty of any kind regarding the site's suitability or success. The franchisee also agrees to release All County from any loss, damages, or liability arising from the site selection.