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 agreement that is different from what is stated in the Franchise Disclosure Document?
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 Franchisee Disclosure Questionnaire includes a question asking if you agree that no employee or other person speaking on behalf of 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. This means that as a potential franchisee, you are being asked to acknowledge that you are not relying on any verbal or written promises that are not explicitly included in the official documents.
This type of question is common in franchise agreements. It aims to prevent misunderstandings or disputes based on informal conversations or representations made during the sales process. By agreeing to this statement, you are essentially confirming that your decision to invest in an All States M.E.D. franchise is based solely on the information provided in the FDD and the Franchise Agreement.
It is important for prospective All States M.E.D. franchisees to carefully review the FDD and Franchise Agreement before answering this question. If there are any discrepancies between what you were told and what is written in the documents, you should address them with All States M.E.D. before signing the questionnaire or any binding agreements. You should not rely on any promises or representations that are not documented in the FDD or Franchise Agreement, as these may not be enforceable.
Furthermore, the FDD states that for franchise sales in or to residents of CA, HI, IL, IN, MD, MI, MN, NY, ND, RI, SD, VA, WA, and WI, this questionnaire should not be signed. This suggests that certain states have laws that may conflict with the implications of signing such a questionnaire, particularly concerning reliance on representations made by the franchisor.