Does advice given by Belocal to the franchisee constitute a warranty?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISOR, ITS AFFILIATES, AND THEIR REPRESENTATIVES, MAKE NO WARRANTY WITH RESPECT TO ANY PRODUCTS, SERVICES, EQUIPMENT, SUPPLIES OR OTHER ITEMS FRANCHISOR, ITS AFFILIATES, AND THEIR REPRESENTATIVES,
APPROVE, SUPPLY, OR REQUIRE FRANCHISEE TO PURCHASE OR USE. FRANCHISOR, ITS AFFILIATES, AND THEIR REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SUCH PRODUCTS, EQUIPMENT, SUPPLIES, OR OTHER APPROVED ITEMS.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, Belocal does not offer any warranties on the advice, products, services, or other items they approve, supply, or require the franchisee to purchase or use. Belocal explicitly disclaims all warranties, both express and implied, including those of merchantability and fitness for a particular purpose.
This means that while Belocal offers ongoing advice and written materials concerning techniques for managing and operating the franchised business, this advice is not guaranteed to produce specific results. A franchisee cannot hold Belocal liable if the advice does not lead to the desired outcome or if the franchisee incurs losses despite following Belocal's recommendations.
This disclaimer is a standard practice in franchising. Franchisees should carefully evaluate the advice and materials provided by Belocal, considering their own business circumstances and exercising their own judgment. It is important to note that while Belocal provides support and guidance, the ultimate responsibility for the success of the franchise lies with the franchisee.