Does the Auntie Annes Support Services Agreement supersede the Franchise Agreement?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
Based on the 2024 Auntie Anne's Franchise Disclosure Document, the POS System Support Services Agreement is a separate agreement between the franchisee and Auntie Anne's LLC, an affiliate of the franchisor. The Franchise Agreement, as stated in the acknowledgement, contains the entire agreement between Auntie Anne's and the franchisee concerning the franchise.
The POS System Support Services Agreement outlines the terms and conditions under which Auntie Anne's will provide support for the franchisee's point of sale system. The Franchise Agreement covers the overall operation of the Auntie Anne's franchise.
While the FDD does not explicitly state that the Support Services Agreement supersedes the Franchise Agreement, it is important to note that the Franchise Agreement itself states that it contains the entire agreement. This implies that any prior oral or written statements not included in the Franchise Agreement are not binding. Therefore, franchisees should carefully review both agreements to understand their respective obligations and how they relate to each other.