Can an Apricot Lane franchisee assume that the Exhibit covers all agreements related to the subject matter?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISOR or if the specialist is an independent contractor, at such fees agreed by the independent contractor and
FRANCHISEE. FRANCHISEE shall provide to FRANCHISOR a copy of all communications between FRANCHISEE, the landlord (and/or its representatives), and the leasing specialist.
FRANCHISOR does not, and will not, assume any liability or be deemed liable for any agreements, representations, or warranties made and entered into between FRANCHISEE, any landlord and/or any lease specialist, nor will FRANCHISOR be obligated for any damages to FRANCHISEE directly or indirectly arising out of the actions of any landlord, leasing specialist or anyone directly involved in lease negotiations. Initial_______
C. FRANCHISOR Required Lease Clauses
FRANCHISEE shall submit the proposed lease for the approved location (if the Premises are to be leased) or a binding agreement to purchase the site, for approval by FRANCHISOR prior to execution of the lease by FRANCHISEE. FRANCHISOR's approval of the lease may be conditioned upon inclusion in the lease of terms acceptable to FRANCHISOR and, at FRANCHISOR's option, the Lessor of the Premises and FRANCHISEE duly executing and delivering to FRANCHISOR the Addendum to Lease attached hereto as Exhibit E. At FRANCHISOR's option, FRANCHISEE will duly execute and deliver to FRANCHISOR the Collateral Assignment of Lease attached hereto as Exhibit G.
**D.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
Based on the 2025 Apricot Lane Franchise Disclosure Document, franchisees are responsible for understanding the agreements they enter into, and Apricot Lane will not be held liable for agreements between the franchisee, landlord, or leasing specialist. Specifically, the franchisee must provide Apricot Lane with copies of all communications between the franchisee, the landlord, and the leasing specialist. Apricot Lane does not assume liability for any agreements, representations, or warranties made between the franchisee, any landlord, and/or any lease specialist. Nor will Apricot Lane be obligated for any damages to the franchisee arising from the actions of any landlord, leasing specialist, or anyone involved in lease negotiations.
Before executing a lease, Apricot Lane franchisees must submit the proposed lease (or a binding agreement to purchase the site) for approval. Apricot Lane's approval may depend on including terms acceptable to Apricot Lane in the lease. At Apricot Lane's option, the Lessor of the Premises and franchisee will execute and deliver to Apricot Lane the Addendum to Lease attached as Exhibit E. At Apricot Lane's option, franchisee will deliver to Apricot Lane the Collateral Assignment of Lease attached as Exhibit G.
Therefore, an Apricot Lane franchisee cannot assume that a particular exhibit covers all agreements related to the subject matter. It is important to carefully review all documents and seek clarification from Apricot Lane regarding any uncertainties or concerns.