For All States M.E.D., does the franchisee agree that no employee made statements contrary to the FDD and Franchise Agreement?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
| Yes | No | 10. | Do you agree that no employee or other person speaking on our behalf has made any statement, promise, or agreement, that is contrary to or different from what is stated in the Franchise Disclosure Document and Franchise Agreement? |
|---|---|---|---|
| Yes | No | 11. | Do you agree that no employee or other person speaking on our behalf |
| made any statement or promise regarding the actual, average or | |||
| projected profits or earnings, the likelihood of success, the amount of | |||
| money you may earn, or the total amount of revenue you will generate, | |||
| that is not contained in Item 19 of the Franchise Disclosure Document | |||
| or that is contrary to, or different from, the information contained in | |||
| Item 19 of the Franchise Disclosure Document, and that you have not | |||
| made a decision to purchase your franchise based on any such | |||
| representations? | |||
| Yes | No | 12. | Do you understand that the Franchise Agreement and attachments to the |
| Franchise Agreement contain the entire agreement between us and you | |||
| concerning this franchise, meaning any prior oral or written statements | |||
| not set out in the Franchise Agreement or the attachments to the | |||
| Franchise Agreement will not be binding? | |||
| All representations requiring prospective franchisees to assent to a release, estoppel or | |||
| waiver of any liability are not intended to nor shall they act as a release, estoppel or waiver of any | |||
| liability incurred under the Maryland Franchise Registration and Disclosure Law | |||
| or Washington | |||
| Franchise Investment Protection Act. | |||
| connection with the franchise. | No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in | ||
| connection with the commencement of the franchise relationship shall have the effect of (i) waiving | |||
| any claims under any applicable state franchise law, including fraud in the inducement, or (ii) | |||
| disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting | |||
| on behalf of the franchisor. This provision supersedes any other term of any document executed in |
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to the 2024 All States M.E.D. Franchise Disclosure Document, franchisees must acknowledge certain representations regarding statements made during the franchise sales process. Specifically, franchisees must agree that no employee or person acting on behalf of All States M.E.D. made statements, promises, or agreements that contradict the information provided in the Franchise Disclosure Document (FDD) and the Franchise Agreement.
This acknowledgement is crucial because it reinforces the importance of the FDD and the Franchise Agreement as the primary sources of information for prospective franchisees. It aims to prevent franchisees from relying on verbal promises or representations that are not documented in these official documents. This protects both the franchisee and All States M.E.D. by ensuring that all parties are aligned on the terms and conditions of the franchise agreement.
Furthermore, franchisees must also agree that no employee or representative of All States M.E.D. made any statements or promises regarding potential profits, earnings, or the likelihood of success that are not included in Item 19 of the FDD or that contradict the information in Item 19. Item 19 provides financial performance representations, if any, and this acknowledgement ensures that franchisees are not basing their investment decision on unsubstantiated claims. The franchisee also confirms that their decision to purchase the franchise was not based on any such unauthorized representations.
Finally, the franchisee acknowledges that the Franchise Agreement and its attachments constitute the entire agreement between the franchisee and All States M.E.D. This means that any prior oral or written statements not included in these documents are not binding. This provision is designed to provide clarity and prevent disputes arising from misunderstandings or undocumented agreements. However, the FDD clarifies that these representations do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law or Washington Franchise Investment Protection Act, and that no signed statement will waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on any statement made by All States M.E.D. or its representatives.