Does the Aplus Franchise Agreement disclaim any representations made in the franchise disclosure document?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
23.7. Entire Agreement
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. The FDD contains important information about the franchise system, including fees, costs, and obligations. This clause ensures that Aplus cannot later argue that the franchisee should not have relied on the FDD.
However, the Aplus Franchise Agreement also includes a clause stating that the written agreement constitutes the entire agreement between Aplus and the franchisee, superseding all prior representations, promises, and agreements. It also states that no representations have been made to the franchisee concerning the agreement or the franchised business other than what is contained in the agreement and in the Franchise Disclosure Document. This reinforces the importance of the FDD but also emphasizes that any promises or representations not included in either the agreement or the FDD are not binding.
Prospective franchisees should carefully review the FDD and the franchise agreement to ensure that they understand all of the terms and conditions of the franchise. They should also consult with an attorney or financial advisor to assess the risks and benefits of investing in an Aplus franchise.