Does the All States M.E.D. Franchisee Disclosure Questionnaire require me to agree that no person speaking on behalf of the franchisor has made any promise that is different from what is stated in the Franchise Disclosure Document?

According to All States M.E.D.'s 2024 Franchise Disclosure Document, the Franchise Disclosure Questionnaire includes a question asking prospective franchisees to confirm that no employee or person acting on behalf of All States M.E.D. has made any statements, promises, or agreements that contradict or differ from what is stated in the Franchise Disclosure Document and Franchise Agreement. This means that as a potential franchisee, you will be asked to acknowledge that you are not relying on any verbal or written claims that are not explicitly included in the official documents.

Additionally, the questionnaire asks if you agree that no employee or person speaking for All States M.E.D. made any promises about potential profits, earnings, the likelihood of success, or revenue that are not in Item 19 of the Franchise Disclosure Document or that contradict Item 19. You are also asked to confirm that your decision to purchase the franchise is not based on any such outside representations. This reinforces that any financial performance claims must be found within Item 19 to be considered valid.

The questionnaire also asks if you understand that the Franchise Agreement and its attachments contain the entire agreement between you and All States M.E.D., meaning that any prior oral or written statements not included in those documents are not binding. However, the FDD states that in certain states, such as Maryland and Washington, representations requiring franchisees to waive liability do not act as a waiver of liability under those states' franchise laws. Furthermore, statements, questionnaires, or acknowledgments signed by a franchisee cannot waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by All States M.E.D. or its representatives. This provision supersedes any other conflicting term in any document related to the franchise.

It is important for a prospective All States M.E.D. franchisee to carefully review Item 19 and the entire Franchise Disclosure Document and Franchise Agreement. If any promises or representations made by All States M.E.D. representatives are not documented in these official documents, it is crucial to seek clarification and potentially legal advice before proceeding with the franchise investment. This ensures that your expectations are aligned with the legally binding terms of the franchise agreement and protects you from potential misunderstandings or misrepresentations.