Regarding the Beyond Juicery Eatery franchise agreement, what acknowledgement is made by the Developer and each Principal concerning representations or warranties about the business venture's potential performance?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
tably adjusted so as to compensate the appropriate party for any consideration lost because of the elimination of such clause or clauses.
- J. No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppels to enforce our rights with respect to that or any other or subsequent breach.
This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
- K. You and each of your Principal Owners shall execute the form of guaranty at the end of this Agreement.
- L. You further acknowledge that you have conducted an independent investigation of the business franchised pursuant to this Agreement and recognize the business venture contemplated by this Agreement involves the normal business risks associated with beginning a new business. As part of such investigation, you acknowledge that you had ample opportunity to consult with advisors of your own choosing about the potential benefits and risks of entering into this agreement.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the franchisee acknowledges several key understandings regarding the business venture. The franchisee confirms they have conducted an independent investigation of the franchised business and recognizes the inherent risks associated with starting a new business. This includes ample opportunity to consult with advisors about the potential benefits and risks of the agreement.
Furthermore, the franchisee acknowledges that they understand the market for operating a Beyond Juicery Eatery restaurant, recognizing it as well-developed and highly competitive. They understand they will compete with various other restaurants, quick-serve establishments, full-service restaurants, and stores offering similar items like smoothies, juices, wraps, and salads.
Finally, the franchisee explicitly states that they have not relied on any oral statements or representations outside of what is contained within the Franchise Disclosure Document. This acknowledgement is crucial, as it limits Beyond Juicery Eatery's liability to only what is written in the FDD, and it protects both parties by ensuring the franchisee's decision is based on documented information rather than potentially misleading verbal promises.