What documents are binding under the Bang Cookies Franchise Agreement, and what disclaimer is included regarding representations?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
| s. | Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral changes that we may make to the Manuals or our unilateral reduction of the scope of a restrictive covenant that we may make in our discretion. |
|---|---|---|---|
| t. | Integration/merger clauses | 18.M. | Only the terms of the Franchise Agreement and schedules to the Franchise Agreement and the respective signed exhibits to the Franchise Agreement are binding, subject to state law. Nothing in any agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 42–49)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the only binding documents are the Franchise Agreement, its schedules, and signed exhibits, subject to state law. This means that any promises or agreements made outside of these documents may not be legally enforceable.
Importantly, the FDD states that nothing in any agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits, and amendments. This clause protects franchisees by ensuring that Bang Cookies cannot later deny or contradict information presented in the FDD.
This integration/merger clause is a standard provision in franchise agreements. It aims to provide clarity and prevent disputes by specifying which documents constitute the complete agreement between the franchisee and Bang Cookies. Prospective franchisees should carefully review all documents included in the Franchise Agreement and its exhibits to fully understand their rights and obligations.