What specific representations to the Franchisee are NOT superseded by the Baya Bar franchise agreement?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.13 Entire Agreement. This Agreement, including all attachments, is the entire agreement of the parties, superseding all prior written or oral agreements of the parties concerning the same subject matter, and superseding all prior written or oral representations made to Franchisee, except the representations made to Franchisee in Franchisor's Franchise Disclosure Document. No agreement of any kind relating to the matters covered by this Agreement and no amendment of the provisions hereof shall be binding upon either party unless and until the same has been made in writing and executed by all interested parties.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the franchise agreement between Baya Bar Franchise Systems, LLC and the franchisee represents the entire agreement between both parties. This agreement takes precedence over any prior agreements, whether written or oral, regarding the same subject matter.
However, there is an exception to this rule. Any prior written or oral representations made to the franchisee in Baya Bar's Franchise Disclosure Document (FDD) are not superseded by the franchise agreement. This means that any promises, claims, or statements made within the FDD itself still hold true and are not nullified by the signing of the franchise agreement.
This is a standard clause in franchise agreements. Prospective Baya Bar franchisees should carefully review the FDD and note any representations made by Baya Bar, as these representations are legally binding and enforceable, even after the franchise agreement is signed. This ensures that franchisees can rely on the information provided in the FDD when making their investment decision.