Does the Bang Cookies franchise agreement require the franchisee to agree that the Recitals and Representations are true and accurate?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, this Agreement is not an employment agreement and is only a confidentiality agreement in connection with information, materials and access that may be provided to you in connection with the Bang Cookies Business.
NOW THEREFORE, you acknowledge and agree as follows:
- 1. Recitals and Representations. You agree that the foregoing Recitals and Representations are true and accurate and shall constitute a part of this Agreement and are hereby incorporated into the main body of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, a franchisee must agree that the Recitals and Representations within the confidentiality agreement are true and accurate. Specifically, the franchisee acknowledges the statements made in the recitals and representations as part of the agreement. This acknowledgment is then incorporated into the main body of the agreement, making it a legally binding component.
This requirement means that the franchisee is confirming the validity of the background information and statements upon which the agreement is based. These statements often include details about Bang Cookies' business model, proprietary systems, and the franchisee's role and responsibilities. By agreeing to their accuracy, the franchisee is prevented from later disputing these foundational elements of the agreement.
This type of clause is standard in franchise agreements. It ensures both parties have a clear understanding and agreement on the basic facts and premises of the franchise relationship. For a prospective Bang Cookies franchisee, this underscores the importance of carefully reviewing and understanding the Recitals and Representations sections of the confidentiality agreement before signing, as they will be held accountable for the accuracy of these statements.