In the event of an inconsistency between the Bevaris Alliance agreement and the Manual, which document prevails?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- (c) If there is an inconsistency between the terms of this agreement and the Manual, or any other documents referred to in it or annexed to it, the terms of this agreement shall prevail.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the terms of the franchise agreement take precedence over the Manual or any other documents referred to in it. This is a standard clause in franchise agreements, designed to provide clarity and legal certainty in the relationship between the franchisor and franchisee.
For a prospective Bevaris Alliance franchisee, this means that if there's a conflict between what's written in the franchise agreement and what's in the operations manual (or any other document), the franchise agreement is the controlling document. Franchisees should therefore pay very close attention to the wording of the franchise agreement, as it will ultimately govern their rights and obligations.
This clause aims to protect both Bevaris Alliance and its franchisees by ensuring that the most important terms are clearly defined and take precedence. It is crucial for franchisees to thoroughly review the franchise agreement with legal counsel before signing, to fully understand their rights and obligations. This also means that any promises or representations made by Bevaris Alliance representatives that are not written into the franchise agreement may not be legally binding.