Does Baya Bar's approval of a Transfer constitute a warranty of the transferee's success?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- Franchisor expressly disclaims the making of, and Developer acknowledges that it has not received or relied upon, any warranty or guarantee, express or implied, as to the potential volume, profits or success of the business venture contemplated by this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 56–189)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, Baya Bar expressly disclaims making any guarantees regarding the potential success of the business venture. The document states that Baya Bar is not providing any warranty or guarantee, either express or implied, about the potential volume, profits, or overall success of the Baya Bar business.
This disclaimer is further reinforced by the Developer Acknowledgment Statement, where the developer acknowledges they have conducted their own independent investigation into the financial, operational, and other aspects of developing Baya Bar outlets. The developer also acknowledges that, except as set forth in the Franchise Disclosure Document, Baya Bar has not made any representations of performance (financial or otherwise) and waives any claim against Baya Bar for any business failure they may experience as a developer.
Prospective Baya Bar franchisees should carefully consider this disclaimer and conduct thorough due diligence, including seeking professional advice, before investing in a franchise. This includes evaluating the market potential, costs, and risks associated with the business, as the franchisee bears the ultimate responsibility for the success or failure of their Baya Bar outlet.