What should the Developer do if they are aware of any representations by Baya Bar that are contrary to the terms of the agreement?

According to Baya Bar's 2024 Franchise Disclosure Document, a developer acknowledges that they have no knowledge of any representations by Baya Bar or its representatives about the business that contradict the terms of the agreement or its incorporated documents. The developer also acknowledges that no representations or warranties are made or implied, except as specifically outlined in the agreement. Furthermore, the developer represents that they have not made any misrepresentations to obtain the agreement, which serves as an inducement for Baya Bar to enter into the agreement.

This acknowledgement is part of the Developer Acknowledgement Statement, which includes several key points. The developer confirms they conducted an independent investigation into the financial, operational, and other aspects of developing Baya Bar outlets. They also confirm that, unless stated in Baya Bar's Disclosure Document, no performance representations (financial or otherwise) have been made by Baya Bar, and the developer waives any claims against Baya Bar for business failure as a developer under the agreement.

In essence, Baya Bar emphasizes that the developer is entering the agreement based on their own due diligence and understanding of the terms. By signing the acknowledgement, the developer confirms they are not relying on any external representations or promises not included in the official documents. This protects Baya Bar from potential future claims based on misunderstandings or unwritten agreements. Prospective developers should carefully review all documents and seek clarification on any points of concern before signing, as they will be bound by the terms of the agreement and the acknowledgements they provide.