Does the All Team franchise agreement consider ATFC's refusal of consent a representation or warranty?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE acknowledges that, except as otherwise specifically stated herein, ATFC has the absolute right to exercise its own judgment on various matters about this Agreement and the Manual, and has the absolute right to approve, disapprove, give its consent and refuse to consent to FRANCHISEE's requests in its sole and absolute discretion.
FRANCHISEE agrees that ATFC's action, refusal to act, approval, disapproval, consent, or refusal of consent is not, and shall not be deemed, a representation, warranty, certification or guarantee by ATFC about that which is acted upon or refused consent, or about any appropriateness, legality, profitability, or success related thereto.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the franchise agreement specifies that All Team's (ATFC) refusal to consent to a franchisee's requests is not considered a representation, warranty, certification, or guarantee by All Team. This applies to anything All Team acts upon, refuses consent to, or any aspect related to appropriateness, legality, profitability, or success.
This means that if All Team withholds consent for a particular action or decision a franchisee wants to make, the franchisee cannot claim that All Team's refusal implies any assurance or promise about the potential outcome or legality of that action. The franchisee bears the responsibility for their own business decisions and outcomes.
This clause protects All Team from liability if a franchisee's venture fails, even if All Team had previously refused consent for a related action. It emphasizes that the franchisee is responsible for conducting their own due diligence and assuming the risks associated with operating the All Team franchise.