Does the Aunt Millies Bakeries distribution agreement disclaim express representations made in the Franchise Disclosure Document?

According to the 2025 Aunt Millies Bakeries Franchise Disclosure Document, the distribution agreement does not disclaim express representations made in the Franchise Disclosure Document, its exhibits, and amendments. Specifically, the distribution agreement states that while it, along with the Bill of Sale and any other agreements executed on the same date, constitutes the entire agreement between the parties, this does not disclaim the express representations made in the Franchise Disclosure Document. This means that any promises, claims, or statements made by Aunt Millies Bakeries in the FDD are still valid and enforceable, even if they are not explicitly repeated in the distribution agreement itself.

This provision protects the prospective Aunt Millies Bakeries distributor by ensuring that the distributor can rely on the information provided in the FDD when making their investment decision. It prevents Aunt Millies Bakeries from later arguing that the distributor should not have relied on the FDD because the distribution agreement supersedes it. This is a standard and important protection for franchisees, as the FDD is a key source of information about the franchise system.

For a prospective Aunt Millies Bakeries distributor, this clause offers some assurance that the representations made by Aunt Millies Bakeries during the franchise sales process, as documented in the FDD, are not nullified by the distribution agreement. This allows the distributor to hold Aunt Millies Bakeries accountable for the information provided in the FDD. It is important for the distributor to carefully review the FDD and understand all of the representations made therein, as these representations will be considered binding on Aunt Millies Bakeries.