Does the Aplus franchise agreement disclaim or require a waiver of reliance on any representation made in the franchise disclosure document?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
r communications as in this Agreement by providing a written notice given in the manner aforesaid to the other party.
13. CONSTRUCTION
- 13.1. Entire Agreement. This Agreement represents the entire fully integrated agreement between the parties concerning the subject matter hereof, and supersedes all other negotiations, agreements, representations, and covenants, oral or written. However, nothing in this Agreement is intended to disclaim or require you to waive reliance on any representation made in the franchise disclosure document that was delivered to you in connection with your purchase of an APLUS Store.
- 13.2. No Waiver. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless the same is made in writing and duly executed by the party to be charged therewith.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, the franchise agreement does not intend to disclaim or require a franchisee to waive reliance on any representation made in the franchise disclosure document delivered in connection with the purchase of an Aplus store.
However, the agreement also states that the franchisee represents that neither Aplus nor its agents have made any representations, and the franchisee has not relied on representations made by Aplus or its agents, concerning actual or potential sales, expenses, or profit of an Aplus Store, except for information that may have been contained in Item 19 of the franchise disclosure document.
Prospective franchisees should carefully review the entire Item 22 of the Aplus FDD, including all exhibits and attachments, and consult with a legal professional to fully understand their rights and obligations under the franchise agreement and any state-specific amendments.