Does the All States M.E.D. Franchise Agreement disclaim representations made in the franchise disclosure document?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
| q. Non-Competition Covenants During the Term of the Franchise | FA: Section 7.3 | You, your owners, and your officers, directors, executives, managers, professional staff, and employees are prohibited from: attempting to divert any business or customer of the Franchised Business to a competitive business or causing injury or prejudice to the Marks or the System; owning or working for a competitive business. |
|---|---|---|
| r. Non-Competition Covenants After the Franchise is Terminated or Expires | FA: Section 17.2 | For 2 years after the termination or expiration of the Franchise Agreement, you may not offer competitive business services within 90 miles of any other franchised outlet, or of any other Franchisor owned business; or solicit or influence any of our customers or business associates to compete with us or terminate their relationship with us. Subject to applicable state law. |
| s. Modification of the Agreement | FA: Sections 9.2, 22.7, and 22.8 | The Franchise Agreement can be modified only by written agreement between you and us. We may modify the Operations Manual without your consent if the modification does not materially alter your fundamental rights. |
| t. Integration/Merger Clause | FA: Section 22.7 | Only the terms of the Franchise Agreement and other related written agreements are binding (subject to state law). No other representations or promises will be binding. Nothing in the Franchise Agreement, or in any other related written agreement is intended to disclaim representations made in the franchise disclosure document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 32–39)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, the Franchise Agreement does not disclaim representations made in the franchise disclosure document. The document states that only the terms of the Franchise Agreement and other related written agreements are binding, subject to state law. It explicitly notes that no other representations or promises will be binding, but clarifies that nothing in the Franchise Agreement or related written agreements is intended to disclaim representations made in the franchise disclosure document.
This means that any representations made by All States M.E.D. in the Franchise Disclosure Document (FDD) are not disclaimed by the Franchise Agreement. This is a crucial protection for the franchisee, ensuring that the information provided in the FDD, which is a regulated disclosure document, remains valid and enforceable.
This clause protects the franchisee by ensuring that the promises and representations made by All States M.E.D. during the franchise sales process, as documented in the FDD, are not nullified by the Franchise Agreement. Franchisees should carefully review the FDD and the Franchise Agreement to understand their rights and obligations fully.