Are prior agreements superseded by the Benjamin Franklin Plumbing franchise agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 22.12. Entire Agreement.
This Agreement and its Appendices constitute the entire agreement between Franchisor and Franchisee and the Owners concerning the Franchised Business.
It supersedes all prior agreements, negotiations, representations, and correspondence concerning the same subject matter, except that nothing in this Agreement is intended to disclaim any representations made in any Franchise Disclosure Document that you received from us in connection with this Agreement.
No amendment, change, or variance from this Agreement will be binding unless agreed to in writing and signed by authorized representatives of each party.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 FDD, the Benjamin Franklin Plumbing franchise agreement, along with its appendices, constitutes the entire agreement between the franchisor and franchisee, as well as the owners, concerning the franchised business. This means that upon signing, the franchise agreement takes precedence over any previous agreements, negotiations, representations, and correspondence related to the same subject matter.
However, there is an exception to this rule. The Benjamin Franklin Plumbing franchise agreement does not disclaim any representations made in any Franchise Disclosure Document (FDD) that the franchisee received from the franchisor in connection with the agreement. This ensures that any promises or statements made in the FDD remain valid and enforceable, even after the franchise agreement is signed.
Furthermore, any amendments, changes, or variances to the Benjamin Franklin Plumbing franchise agreement must be agreed upon in writing and signed by authorized representatives of each party to be considered binding. This requirement ensures that all modifications to the agreement are documented and agreed upon by both the franchisor and franchisee, preventing any misunderstandings or disputes in the future.