Will Bambu be liable for claims of negligent or fraudulent misrepresentation based on verbal representations?
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, Bambu will not be liable for claims of negligent or fraudulent misrepresentation based on any verbal representations or commitments made prior to the execution of the franchise agreement. The franchise agreement contains the entire agreement between the parties and supersedes any prior agreements.
Bambu does not authorize and will not be bound by any representation of any nature other than those expressed in the franchise agreement and in the most recent Franchise Disclosure Document (FDD) provided to the franchisee. This means that any promises, assurances, or understandings discussed verbally are not binding unless they are explicitly written into the franchise agreement or the FDD.
The franchisee acknowledges that they have not relied on any verbal representations or commitments and agrees that Bambu will not be liable for claims of misrepresentation based on such verbal statements. Furthermore, Bambu makes no representations regarding projected sales volumes, market potential, revenues, or profits of the franchisee's Bambu shoppe, or operational assistance other than as stated in the agreement and the FDD. This underscores the importance of relying solely on the written documentation provided by Bambu when making the decision to invest in a franchise.