Do the covenants, warranties, and representations in the All Team agreement survive the execution of the agreement?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
- (n) All covenants, warranties and representations contained herein shall be true as of the date hereof and shall survive the execution and delivery of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the covenants, warranties, and representations within the agreement survive its execution and delivery. Specifically, the document states, "All covenants, warranties and representations contained herein shall be true as of the date hereof and shall survive the execution and delivery of this Agreement." This means that even after the agreement is signed and put into effect, the promises, guarantees, and statements made within it remain valid and enforceable.
For a prospective All Team franchisee, this survival clause has significant implications. It ensures that All Team is held accountable for the claims and assurances made in the agreement, even after the franchise is up and running. For example, if All Team makes a warranty about the training provided or the support systems available, that warranty remains in effect, and the franchisee can rely on it. This provides a level of security and recourse for the franchisee.
This is a fairly standard practice in franchising, as it protects both parties by ensuring that the terms of the agreement remain binding throughout the relationship. However, franchisees should carefully review all covenants, warranties, and representations before signing the agreement to fully understand their rights and obligations. It is also important to note that the specific duration of this survival may be defined elsewhere in the agreement, so franchisees should look for any clauses that limit the time frame for which these provisions remain in effect.