Does the All Team franchise agreement supersede prior negotiations and understandings?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and all other written agreements related to this Agreement and expressly referenced in this Agreement, represent the entire understanding and agreement between the parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between the parties.
No representations, inducements, promises or agreements, oral or otherwise, if any, not embodied in this Agreement shall be of any force and effect; provided, however, that nothing in this or any related agreement is intended to disclaim ATFC's representations made in the Franchise Disclosure Document that was furnished to FRANCHISEE in connection with the offering to operate an Agency.
No amendment to this Agreement is binding unless executed in writing by both parties.
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, along with other written agreements expressly referenced within it, constitutes the entire understanding between All Team and the franchisee. This means that once the franchise agreement is signed, it takes precedence over any prior negotiations, understandings, or representations made between the parties.
This clause is standard in franchise agreements to ensure clarity and prevent disputes based on informal discussions or promises made during the negotiation phase. However, the FDD clarifies that this does not disclaim All Team's representations made in the Franchise Disclosure Document itself. This protects the franchisee by ensuring that the information provided in the FDD remains valid and reliable.
Any amendments to the All Team franchise agreement must be made in writing and executed by both parties to be binding. This requirement ensures that all changes are formally documented and agreed upon, preventing misunderstandings or disputes over verbal agreements or informal modifications. This protects both All Team and the franchisee by providing a clear record of any changes to the original agreement.