What does the Bambu franchise agreement supersede?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
anchisee, its area or territory, or any other condition. Franchisee shall not be entitled to require Bambu to grant Franchisee a similar variation.
- 24.2 Entire Agreement. This Agreement, including all attachments and addenda, contains the entire agreement between the parties and supersedes any and all prior agreements concerning the subject matter hereof. Franchisee acknowledges that it has not relied on any verbal representations or commitments made prior to the execution hereof and agrees that Bambu will not be liable or obligated for any claims of negligent or fraudulent misrepresentation based on any such verbal representations or commitments. Bambu does not authorize and will not be bound by any representation of any nature other than those expressed in this Agreement and in the most recent Franchise Disclosure Document ("FDD") provided to Franchisee by Bambu or its representatives in connection with this Agreement. Franchisee further acknowledges and agrees that no representations have been made to it by Bambu regarding projected sales volumes, market potential, revenues, profits of Franchisee's Bambū shoppe, or operational assistance other than as stated in this Agreement and in the most recent FDD provided to Franchisee by Bambu.
- 24.3 Delegation by Bambu. From time to time, Bambu shall have the right to delegate the performance of any portion or all of its obligations and duties hereunder to third parties, whether the same are agents of Bambu or independent contractors which Bambu has contracted with to provide such services. Franchisee agrees in advance to any such delegation by Bambu of any portion or all of its obligations and duties hereunder.
- 24.4 Effective Date. This Agreement shall not be effective until accepted by Bambu as evidenced by dating and signing by an officer or manager of Bambu.
- 24.5 Review of Agreement.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to the 2025 Bambu Franchise Disclosure Document, the franchise agreement contains the entire agreement between the parties and supersedes any and all prior agreements concerning the subject matter. This means that any previous discussions, promises, or agreements made before signing the franchise agreement are not legally binding, unless they are included in the franchise agreement itself or the most recent Franchise Disclosure Document (FDD). Bambu will not be held liable for any claims of misrepresentation based on verbal representations or commitments not written in the agreement or FDD.
This clause is standard in franchise agreements to provide clarity and prevent disputes based on informal understandings. It ensures that both Bambu and the franchisee are bound only by what is written in the official documents. Franchisees should carefully review the entire agreement and the FDD before signing, to ensure that all important terms and conditions are included.
Additionally, the Hawaii Rider to the Franchise Agreement states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Bambu or its representatives. This specific provision overrides any other term in any document related to the franchise, offering additional protection to franchisees in Hawaii. This ensures that franchisees cannot inadvertently give up their legal rights through standard paperwork.