Does the Anago franchise agreement disclaim representations made in the Franchise Disclosure Document furnished to the franchisee?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and all Exhibits 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 that We furnished to You.
You acknowledge that You are entering into this Agreement as a result of Your own independent investigation of Our franchised business and not as a result of any representations about Us made by Our shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that are contrary to the terms set forth in this Agreement, or in any disclosure document, prospectus, or other similar document required or permitted to be given to You pursuant to applicable law.
The following provision applies if you or the franchise granted hereby are subject to the franchise registration or disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin: 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.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, the franchise agreement does not disclaim the representations made in the Franchise Disclosure Document (FDD) that was furnished to the franchisee. Specifically, the document states that nothing in the franchise agreement or any related agreement is intended to disclaim the representations made in the FDD. This means that Anago franchisees can rely on the information provided in the FDD as part of their decision-making process.
However, the Anago franchise agreement stipulates that franchisees acknowledge they are entering the agreement based on their own independent investigation of the franchised business. This acknowledgement means the franchisee's decision is not solely based on representations made by Anago's shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees if those representations contradict the franchise agreement or any disclosure document required by law.
Furthermore, for franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, no statement signed by the franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Anago or its representatives. This provides an additional layer of protection for franchisees in those states, ensuring they cannot inadvertently waive their rights to legal recourse based on misrepresentations.