Does the All States M.E.D. Franchisee Disclosure Questionnaire require me to agree that no employee has made any statement contrary to the 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 All States M.E.D.'s 2024 Franchise Disclosure Document, the Franchisee Disclosure Questionnaire asks franchisees to confirm that no employee or representative of All States M.E.D. has made statements that contradict the Franchise Disclosure Document and Franchise Agreement. Specifically, question 10 of the questionnaire asks if the franchisee agrees that no employee has made any statement, promise, or agreement that is contrary to or different from what is stated in those documents.
This is a standard practice in franchising to ensure that all franchisees are operating under the same understanding of the agreement and to prevent misunderstandings based on potentially inaccurate or unauthorized statements. By agreeing to this statement, a prospective All States M.E.D. franchisee acknowledges that they are not relying on any information that is not explicitly included in the official documents.
However, the document also includes a caveat for franchisees in Maryland and Washington, stating that representations requiring franchisees to assent to a release, estoppel, or waiver of any liability are not intended to 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. Additionally, the document states that no questionnaire signed by a franchisee shall waive any claims under any applicable state franchise law, including fraud in the inducement, or disclaiming reliance on any statement made by any franchisor.