Does Auntie Annes provide any express or implied assurance or warranty as to the potential success of the business?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
support, marketing penetration, training, support service or assistance that is contrary to, or different from, the information contained in the Disclosure Document. Initial 6. No employee or other person speaking on our behalf has made any statement or promise regarding the actual, average or projected profits or earnings, the likelihood of success, the amount of money you may earn, or the total amount of revenue an Auntie Anne's® franchise will generate, that is not contained in the Disclosure Document or that is contrary to, or different from, the information contained in the Disclosure Document. Initial 7. You understand that the Franchise Agreement contains the entire agreement between us and you concerning the franchise for the Auntie Anne's® franchise, meaning any prior oral or written statements not set out in the Franchise Agreement will not be binding. YOU UNDERSTAND THAT YOUR ACKNOWLEDGEMENT OF THE STATEMENTS ABOVE ARE IMPORTANT TO US AND THAT WE WILL RELY ON THEM. BY SIGNING THIS ACKNOWLEDGEMENT, YOU ARE REPRESENTING THAT YOU HAVE CONSIDERED EACH STATEMENT CAREFULLY AND THAT EACH STATEMENT IS ACCURATE AND TRUTHFUL.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to the 2024 Auntie Annes Franchise Disclosure Document, Auntie Annes does not make any guarantees regarding the potential profitability or success of a franchise. The document includes an acknowledgement that the franchisee must sign, confirming that Auntie Anne's has not made any promises about earnings or profits that are not included in the FDD.
The acknowledgement requires the franchisee to confirm that no employee or person acting on behalf of Auntie Anne's has made any statements or promises regarding actual, average, or projected profits or earnings, the likelihood of success, the amount of money the franchisee may earn, or the total revenue an Auntie Anne's franchise will generate, unless such information is contained within the Disclosure Document. This statement emphasizes that any prior oral or written statements not included in the Franchise Agreement are not binding.
This acknowledgement serves to protect Auntie Anne's from potential claims by franchisees who may have been given unrealistic expectations by sales representatives or other individuals. It also ensures that franchisees understand that their success depends on their own efforts and management skills, as well as market conditions and other factors beyond the franchisor's control. This is a common practice in franchising, as franchisors typically avoid making guarantees about financial performance due to the many variables that can affect a franchisee's success.