factual

Does the Aplus franchisee acknowledge that they have not relied on any representations made by Aplus officers, directors, employees, or agents that are not contained in the franchise disclosure document?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisee represents and acknowledges that it has not received or relied on any representation, promise, or guarantee, express or implied, made by Franchisor or any authorized representative of Franchisor, as to the revenues, profits or likelihood of success of the Franchised Business. Franchisee represents and acknowledges that no representations have been made by Franchisor's officers, directors, employees or agents that are not contained in, or are inconsistent with, the statements made in the franchise disclosure document delivered to Franchisee in connection with the grant of the franchise memorialized by this Agreement.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, the franchisee acknowledges that they have not relied on any representations, promises, or guarantees, whether express or implied, made by Aplus or its authorized representatives regarding the potential revenues, profits, or likelihood of success of the franchised business. The franchisee also acknowledges that no representations have been made by Aplus's officers, directors, employees, or agents that are not included in the franchise disclosure document. This acknowledgement is a standard legal protection for Aplus.

This provision means that if a prospective franchisee is considering investing in an Aplus franchise, they cannot later claim they were misled by verbal promises or representations made by Aplus representatives that are not written in the FDD or Franchise Agreement. It reinforces the importance of the FDD as the primary source of information for making an informed investment decision. Any claims about potential earnings or success must be viewed with caution unless they are explicitly stated in the FDD.

For a prospective Aplus franchisee, this clause underscores the need to conduct thorough due diligence and rely on professional advice. It is crucial to carefully review the FDD and Franchise Agreement, consult with legal and financial advisors, and perform independent market research. Documenting all communications and representations made by Aplus during the franchise sales process is also advisable. This will help ensure that the franchisee's expectations are aligned with the documented information and protect their interests in case of future disputes.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.