Does the Best Brains agreement disclaim representations made in the Franchise Disclosure Document?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Full Understanding. This Agreement and all exhibits to this Agreement constitute the entire agreement between the parties and supersede any and all prior negotiations, understandings, representations, and agreements. Nothing in this or any related agreement, however, is intended to disclaim any representation made in the Franchise Disclosure Document that we furnished to you. All prior negotiations, verbal or written, being integrated herein and hereby, and same shall only be changed, altered, modified, amended, supplemented or novated by a writing signed by all the parties hereto. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the franchise agreement does not disclaim representations made in the Franchise Disclosure Document. Instead, the agreement explicitly states that nothing within it or any related agreement is intended to disclaim any representation made in the Franchise Disclosure Document (FDD) that Best Brains furnished to the franchisee.
This clause protects the franchisee by ensuring that any claims or promises made by Best Brains in the FDD are not nullified by the franchise agreement. The FDD serves as a crucial source of information for potential franchisees, and this provision reinforces its importance.
Prospective franchisees can rely on the information provided in the FDD when making their investment decision, knowing that Best Brains stands behind those representations. This promotes transparency and trust in the franchise relationship. All prior negotiations, verbal or written, are integrated into the agreement, and any changes must be made in writing and signed by all parties involved.