Does the Aplus Franchise Agreement disclaim representations made in the franchise disclosure document?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
This Agreement, including its attachments, exhibits, amendments, and schedules constitutes the entire, complete, and fully integrated agreement between Franchisor and Franchisee concerning the subject matter hereof, and supersedes all prior representations, promises, and agreements. No amendment, change or variance from this Agreement shall be binding on either party unless memorialized in a writing executed by both parties. Nothing in this or any related agreement, however, is intended to disclaim any representations we made in the franchise disclosure document that we furnished to you.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the franchise agreement does not disclaim the representations made in the franchise disclosure document. Specifically, the document states that nothing in the franchise agreement or any related agreement is intended to disclaim the representations Aplus made in the franchise disclosure document. This means that Aplus franchisees can rely on the information provided in the FDD when making their investment decision.
However, the Aplus franchise agreement also includes an integration clause, stating that the agreement constitutes the entire agreement between Aplus and the franchisee, superseding all prior representations, promises, and agreements. This clause reinforces that the written agreement contains all the agreed-upon terms. It also states that no amendment, change, or variance from the agreement shall be binding unless it is in writing and executed by both parties.
Furthermore, the franchise agreement emphasizes that franchisees should not rely on any representations, promises, or guarantees about the potential success of the franchised business that are not included in the franchise disclosure document. Franchisees also acknowledge that Aplus makes no express or implied warranties or representations about the potential success of the business venture. This acknowledgement underscores the importance of conducting thorough due diligence and understanding the risks involved in investing in an Aplus franchise.