For All States M.E.D., what is the franchisee agreeing to regarding prior oral or written statements?
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 | |||
| questions. | By signing below, you are representing that you have responded truthfully to the above | ||
| [Not to be signed as to any franchise sale in or to residents of CA, HI, IL, IN, MD, MI, MN, NY, | |||
| ND, RI, SD, | |||
| VA, WA, WI] |
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, a prospective franchisee acknowledges that the franchise agreement and its attachments constitute the entire agreement between All States M.E.D. and the franchisee. This means that any prior oral or written statements that are not explicitly included in the franchise agreement or its attachments will not be considered binding. This is a standard clause in franchise agreements designed to ensure that all terms are clearly documented and agreed upon in writing.
This provision protects both the franchisor and the franchisee by preventing disputes based on undocumented claims or promises. It emphasizes the importance of carefully reviewing the entire franchise agreement and its attachments before signing, ensuring that all agreed-upon terms are included in the written contract.
However, the document also clarifies that certain acknowledgments signed by the franchisee cannot waive claims under applicable state franchise laws, including claims related to fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This ensures that franchisees retain their legal rights and protections under state laws, even while agreeing to the comprehensive nature of the franchise agreement. This protection does not apply to franchise sales in or to residents of CA, HI, IL, IN, MD, MI, MN, NY, ND, RI, SD, VA, WA, WI.