Does the Beehive Homes franchisee have the power to bind or obligate the franchisor?

forth.

AGREEMENT

NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, and for other valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is understood and agreed by and among the parties hereto as follows:

I. ACKNOWLEDGMENTS. Franchisee acknowledges to have carefully read this Agreement and the Bee Hive Homes Franchise Disclosure Document and understands and accepts the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain Franchisor's high standards of quality and service and the uniformity of those Standards at each Home using the System under the Names and Marks. Franchisee has conducted an independent investigation of the business venture contemplated by this Agreement and recognizes that, like any other business, the nature of the business conducted at a Home using the System may change over time, that an investment in a Home involves business risks and that Franchisee's business abilities and efforts are vital to the success of the venture. Any information Franchisee may acquire from franchisees of other Homes relating to their sales, profits or cash flows does not constitute information obtained from Franchisor, nor does Franchisor make any representation as to the accuracy of any such information. Franchisee acknowledges that, in all of Franchisor's past, present and future dealings with Franchisee, Franchisor's respective officers, directors, employees and agents act only in a representative, and not in an individual, capacity. All business dealings between Franchisee and such persons in connection with this Agreement are solely between Franchisee and Franchisor. Franchisee further acknowledges that Franchisor has advised Franchisee to have this Agreement reviewed and explained to Franchisee by an attorney prior to signing. Franchisee represents and warrants to Franchisor, as an inducement to Franchisor's entry into this Agreement, that all statements Franchisee has made and all materials Franchisee has submitted to Franchisor in connection with Franchisee's application for and purchase of the franchise contemplated herein are accurate and complete and that Franchisee has made no misrepresentations or material omissions in entering into this Agreement. Franchisor's approval of Franchisee's application for a franchise for a Home is made in reliance upon all of Franchisee's representations and warranties to Franchisor.

No statement, questionnaire, or acknowledgment signed or agreed to by a Franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any Franchisor, franchise seller, or other person acting on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the Franchise.

II. DEFINITIONS

As used in this Agreement, the following words and phrases shall have the meanings indicated:

• 2.1.

Source: Item 23 — RECEIPTS (FDD pages 34–123)