What does the Bambu Franchise Agreement supersede regarding prior agreements?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the Franchise Agreement, including all attachments and addenda, represents the entire agreement between Bambu and the franchisee. This agreement takes precedence over any and all prior agreements concerning the subject matter. This means that any previous discussions, understandings, or agreements, whether written or verbal, are replaced by the terms and conditions outlined in the current Franchise Agreement.
Bambu emphasizes that franchisees should not rely on any verbal representations or commitments made before signing the agreement. Bambu will not be held liable for claims of misrepresentation based on such verbal communications. This provision protects Bambu from potential disputes arising from misunderstandings or unfulfilled promises that were not formally documented in the Franchise Agreement or the Franchise Disclosure Document (FDD).
Furthermore, Bambu explicitly states that it is not bound by any representations other than those expressed in the Franchise Agreement and the most recent FDD provided to the franchisee. Bambu also clarifies that no representations have been made regarding projected sales volumes, market potential, revenues, or profits of the franchisee's Bambu shop, except as stated in the Franchise Agreement and the FDD. This reinforces the importance of relying solely on the written documentation provided by Bambu when making investment decisions and assessing the potential of the franchise opportunity.