How are statements qualified by 'so far as [PARTY] is aware' interpreted in the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 1.15 Where any statement is qualified by the expression so far as [PARTY] is aware or to [PARTY]'s knowledge (or any similar expression), that statement shall be deemed to include an additional statement that it has been made after due and careful enquiry.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, any statement qualified by "so far as [PARTY] is aware" or "to [PARTY]'s knowledge" within the franchise agreement is interpreted to include an additional statement. This additional statement confirms that the original statement was made only after a due and careful inquiry.
For a prospective Bevaris Alliance franchisee, this means that if the franchisor makes a statement qualified by their awareness or knowledge, they are also implicitly stating that they have conducted a reasonable investigation to support the statement. This provides a degree of assurance that the information provided is not based on mere assumptions but has some basis in inquiry.
This clause aims to protect franchisees by ensuring that statements made by Bevaris Alliance, even when qualified by awareness, are backed by a reasonable level of diligence. It does not, however, guarantee the accuracy of the statement, as the inquiry may still be limited or the information discovered may be inaccurate. Franchisees should still conduct their own due diligence and not solely rely on the franchisor's statements, even those qualified by awareness.