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 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 | |||
| 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] | |||
| Name of Applicant (please print) | |||
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 Franchise Questionnaire includes questions about statements made by the franchisor's representatives. Specifically, question 10 asks if the franchisee agrees that no employee or person speaking for All States M.E.D. has made any statement, promise, or agreement that contradicts or differs from what is stated in the Franchise Disclosure Document and Franchise Agreement.
Question 11 of the All States M.E.D. Franchise Questionnaire asks if the franchisee agrees that no employee or person speaking on behalf of All States M.E.D. made any statement or promise regarding actual, average, or projected profits or earnings, the likelihood of success, the amount of money the franchisee may earn, or the total amount of revenue the franchisee 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 the franchisee has not made a decision to purchase their franchise based on any such representations.
Question 12 asks if the franchisee understands that the Franchise Agreement and attachments contain the entire agreement between All States M.E.D. and the franchisee concerning the 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. The questionnaire also states that 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. The questionnaire includes a disclaimer that it is 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, or WI.