What 'Acknowledgements' are required as per Section 22 of the Batteries Plus Bulbs Franchise Agreement?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
vered by hand, sent by a recognized overnight delivery service or by registered U.S. Mail, or by other means which provides the sender with evidence of delivery, or of rejected delivery, and addressed to the party to be notified at the address stated herein or at such other address as may have been designated in writing to the other party. Any notice by a means which provides the sender with evidence of delivery, or rejected delivery, will be deemed to have been given at the date and time of receipt or rejected delivery.
22. ACKNOWLEDGEMENTS
- A. Success of Franchised Business. The success of the business venture Franchisee intends to undertake under this Agreement is speculative and depends, to a large extent, upon Franchisee's (or the Principal Owner's) ability as an independent businessman, and Franchisee's active participation in the daily affairs of the Store as well as other factors. Franchisor does not make any representation or warranty, express or implied, as to the potential success of the business venture.
- B. Independent Investigation. Franchisee acknowledges that he has entered into this Agreement after making an independent investigation of Franchisor's operations and not upon any representation as to gross revenues, volume, potential earnings or profits which Franchisee might be expected to realize, nor has anyone made any other representation, which is not expressly stated herein, to induce Franchisee to accept this Franchise and sign this Agreement.
- C. Receipt of Documents. Except for fill in the blank provisions and changes made as a result of negotiations that Franchisee initiated, Franchisee acknowledges that it received a copy of the complete Franchise Agreement, and exhibits attached hereto, at least seven (7) calendar days prior to the date on which this Agreement was executed. Franchisee further acknowledges that it received the disclosure document required by the trade regulation rule of the Federal Trade Commission entitled "Franchise Disclosure Document" at least fourteen (14) calendar days prior to the date on which this Agreement was executed. Franchisee represents that he/she has read this Agreement in its entirety and that he/she has been given the opportunity to clarify any provisions that Franchisee did not understand and to consult with any attorney or other professional advisor. Franchisee further represents that he/she understands the provisions of this Agreement and agrees to be bound.
D. Other Franchises. Franchisee acknowledges that other franchisees of Franchisor have or will be granted franchises at different times and in different situations, and further acknowledges that the provisions of such franchises may vary substantially from those contained in this Agreement.
The parties have signed this Agreement on the date stated in the first paragraph.
BATTERIES PLUS, L.L.C., (If Franchisee is a corporation or limited liability company) a Wisconsin limited liability company Name of corporation or limited liability company (If Franchisee is an individual owner, Franchisee must sign below; if a partnership, all partners must sign below)
EXHIBIT A TO FRANCHISE AGREEMENT
STORE LOCATION, PROTECTED AREA AND INITIAL FRANCHISE FEE
This Exhibit is attached to and is an integral part of the Batteries Plus® Franchise Agreement dated , 20 (the "Franchise Agreement"), between Franchisor and Franchisee. 1. Store Location. Franchisor and Franchisee agree that the Store will be located at the following premises: . Franchisee acknowledges that Franchisor's proposed location for a Batteries Plus® store. acceptance of a proposed location does not represent a warranty or representation of any kind as to the suitability of the 2. Protected Area. The Protected Area will be (check one): A. A radius of three (3) miles from the location of the Store; or B. population of 150,000 people. The geographic area described on the attachment to this Exhibit A that will have a residential 3. months after the date first stated above. Store Opening. Franchisee agrees to complete the development and open the Store for business within 4. Initial Franchise Fee. The Initial Franchise Fee is $ 5.
Source: Item 22 — Contracts (FDD page 80)
What This Means (2025 FDD)
According to the 2025 Batteries Plus Bulbs Franchise Disclosure Document, Section 22 outlines several acknowledgements required of the franchisee. These acknowledgements cover various aspects of the franchise agreement and the franchisee's understanding of the business venture.
First, the franchisee acknowledges that the success of the Batteries Plus Bulbs business is speculative and heavily dependent on their abilities as an independent businessperson and their active involvement in the store's daily operations. Batteries Plus Bulbs makes no guarantees regarding the potential success of the business. The franchisee also confirms they conducted an independent investigation of Batteries Plus Bulbs's operations before entering the agreement and did not rely on any representations about potential earnings or profits not explicitly stated in the agreement.
Additionally, the franchisee acknowledges receiving a copy of the complete Franchise Agreement and its exhibits at least seven calendar days before signing, as well as the Franchise Disclosure Document at least fourteen calendar days prior to signing. This ensures the franchisee has adequate time to review the documents and seek legal counsel if desired, which is a common practice in franchising to protect both parties.
Finally, the franchisee must also sign a separate Disclosure Acknowledgment Agreement (Exhibit G) confirming they received the disclosure documents within the required timeframes, had the opportunity to read the Franchise Agreement thoroughly, understand the obligations of both parties, and recognize the risks involved in the business venture. This agreement also confirms that the franchisee understands the national marketing and promotional program and how funds are allocated, including for in-house expenses and e-commerce platform development.