Are the recitals and representations considered part of the main body of the Bang Cookies franchise agreement?
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.
- 2. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
- "Business Management System" refers to and means the software and/or internet or cloud based system and/or systems, point of sale system or systems and customer relationship management system or systems as used in connection with the operations of the Bang Cookies Business.
- "Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information, and other information that is entered into and/or maintained on the Business Management System of the Bang Cookies Business.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the recitals and representations are considered part of the main body of the franchise agreement. The franchise agreement explicitly states that the franchisee agrees that the recitals and representations are true and accurate.
Furthermore, the agreement specifies that these recitals and representations constitute a part of the agreement itself. They are incorporated directly into the main body of the agreement, making them legally binding and enforceable.
This means that any statements, facts, or promises made in the recitals and representations section carry the same weight as any other clause within the main body of the Bang Cookies franchise agreement. A prospective franchisee should carefully review these sections, as they form an integral part of their contractual obligations and rights.