What specific prior representations to the Developer does the Baya Bar Franchise Agreement NOT supersede?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
Developer agrees that no claims of success or failure have been made to him or her prior to signing this Agreement and that he/she understands all the terms and conditions of this Agreement. Developer further acknowledges that this Agreement contains all oral and written agreements, representations and arrangements between the parties hereto, and any rights which the respective parties hereto may have had under any other previous contracts are hereby cancelled and terminated, and that this Agreement cannot be changed or terminated orally; provided, however, nothing in this Multi-Unit Development Agreement or in any related agreement is intended to disclaim the representations made to Developer in Franchisor's Franchise Disclosure Document.
Source: Item 23 — RECEIPTS (FDD pages 56–189)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the Multi-Unit Development Agreement does not disclaim representations made to the Developer in Baya Bar's Franchise Disclosure Document. This means that any representations made within the FDD itself are not superseded by the development agreement.
This acknowledgement is part of the Developer Acknowledgement Statement, which confirms that the developer has conducted an independent investigation into the financial, operational, and other aspects of developing Baya Bar outlets. The developer also acknowledges that, unless stated in the FDD, Baya Bar has not made any performance representations (financial or otherwise).
This clause protects the developer by ensuring that the franchisor remains accountable for the information provided in the Franchise Disclosure Document. It also highlights the importance of the FDD as a source of reliable information for potential franchisees, as it is the only set of representations that Baya Bar explicitly stands behind.