Regarding the Aplus franchise, what documents should a franchisee rely on for representations concerning the agreement or franchised business?
Aplus Franchise · 2024 FDDAnswer 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, a franchisee should only rely on the information contained within the franchise disclosure document itself. Aplus makes no guarantees or promises, express or implied, about the potential success of the franchise.
Specifically, Aplus states that franchisees cannot rely on any representations, promises, or guarantees regarding revenues, profits, or the likelihood of success of the franchised business, unless those representations are explicitly included in the franchise disclosure document. This means that any verbal promises or projections made by Aplus representatives that are not written into the FDD or Franchise Agreement are not binding.
Furthermore, the FDD emphasizes that franchisees must conduct their own independent investigation of the business opportunity and acknowledge that the success of the venture depends on their own abilities and efforts. This underscores the importance of due diligence and independent verification of any claims made by Aplus before investing in the franchise.