Does the Alloy franchise agreement address representations made by Alloy or its personnel to prospective franchisees?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement together with all schedules, addenda and appendices to this Agreement constitute the entire agreement between the parties and supersede any and all prior negotiations, understandings, representations and agreements.
Nothing in this or in any related agreement, however, is intended to disclaim the representations we made in the Franchise Disclosure Document we furnished to you.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to the 2025 Alloy Franchise Disclosure Document, the franchise agreement addresses prior negotiations, understandings, representations, and agreements. The agreement states that the current agreement, along with its schedules, addenda, and appendices, constitutes the entire agreement between Alloy and the franchisee, superseding any prior discussions or agreements.
However, the Alloy franchise agreement does clarify that it does not disclaim the representations made in the Franchise Disclosure Document (FDD) that was furnished to the prospective franchisee. This means that while previous negotiations might not be binding, Alloy is still accountable for the information presented in the FDD itself.
This clause is important for prospective Alloy franchisees because it clarifies the extent to which they can rely on statements made by Alloy during the franchise sales process. While the franchise agreement takes precedence, Alloy cannot contradict or disclaim the information provided in the FDD. This provides some protection to the franchisee regarding the information they received before signing the agreement.