Does the Bevaris Alliance agreement provide remedies for negligent misrepresentations not set out in the agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
27.4 Entire agreement.
- (a) This agreement, the Manual, and any documents referred to in it or annexed to it constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- (b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it
- shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the franchise agreement includes an entire agreement clause that affects a franchisee's ability to seek remedies for misrepresentations. Specifically, the agreement states that a franchisee has no remedies for statements, representations, assurances, or warranties, whether made innocently or negligently, that are not explicitly outlined in the franchise agreement itself.
This means that if a Bevaris Alliance representative makes a claim or promise during the sales process that is not written into the franchise agreement, the franchisee cannot later seek legal recourse based on that claim, even if it turns out to be false or misleading. This applies to both innocent and negligent misrepresentations.
Furthermore, the agreement specifies that franchisees cannot make claims for innocent or negligent misrepresentation or negligent misstatement based on any statement within the agreement. This clause limits the franchisee's ability to hold Bevaris Alliance accountable for statements made during the agreement process.
Prospective Bevaris Alliance franchisees should carefully review all representations and promises made by the franchisor and ensure that all material terms and conditions are included in the written franchise agreement. It is advisable to seek legal counsel to fully understand the implications of this clause and to protect their interests.