Does the Bevaris Alliance Franchise Agreement state that the Disclosure Document is enforceable?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
| Document download | |||
|---|---|---|---|
| Section in Franchise | |||
| Pr | ovision | Agreement | Summary which must be approved by us. |
| 1. | Bevaris approval of transfer | Section | We have the right to approve all transfers, which shall be |
| by franchisee | 16.11 | subject to the provisions of the Franchise Agreement. | |
| m. | Conditions for Bevaris | Section | Transferee approved by us, transfer fee paid, transferee |
| approval of transfer | 16.11 | not competitor, your account is current, you sign a release, transferee signs all documents, lender consents, and subordination agreements. | |
| n. | Bevaris' right of first refusal to acquire franchisee's business | Section 16.3 | Bevaris can match any offer for the purchase of Your franchise at Bevaris' option. |
| 0. | Bevaris' option to purchase Your business | Section 16.7 | Upon transfer, fair market value (but no value for goodwill), legal compliance, no assumption of your liabilities. |
| p. | Death or disability of franchisee | Section 17 | Franchise may be assigned by estate to approve transferee in three months. |
| q. | Non-competition covenants during the term of the franchise | Section 20.1 | You are prohibited from operating or having an interest in a similar business. |
| r. | Non-competition covenants after the franchise is terminated or expires | Section 20.1 | You are prohibited for 24 months from expiration or termination of the franchise from having a connection with a competing business. |
| s. | Modification of the | Not | No modifications generally, but the Bevaris Alliance |
| agreement | Applicable. | Manual is subject to change. Renewal or extension may subject franchisee to additional restrictions. | |
| t. | Integration/merger clause | Section 27.4 | Only the terms of the Franchise Agreement are binding. Any other oral or written promises are not enforceable; including anything set forth in this Disclosure Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 17–18)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, the Franchise Agreement contains an integration/merger clause that limits the enforceability of outside agreements. Specifically, Section 27.4 of the Franchise Agreement states that only the terms within the Franchise Agreement itself are legally binding.
This means that any promises, assurances, or representations made outside of the Franchise Agreement, including those in the Disclosure Document, are not enforceable against Bevaris Alliance. This is a standard clause in franchise agreements, designed to prevent franchisees from relying on verbal or written statements made during the recruitment process that are not explicitly included in the final, signed agreement.
For a prospective Bevaris Alliance franchisee, this clause underscores the importance of carefully reviewing the Franchise Agreement and ensuring that all material terms and conditions are included within the agreement itself. Any expectations or understandings should be explicitly written into the Franchise Agreement to ensure they are legally enforceable. It would be prudent for a potential franchisee to seek legal counsel to review the Franchise Agreement before signing, to fully understand the implications of this integration/merger clause.