Does Big Apple Bagels require the developer to acknowledge they have conducted an independent investigation of the business?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. Developer acknowledges that he has conducted an independent investigation of the business contemplated by this Agreement and recognizes that, like any other business, the nature of the business conducted by BAGELS Stores may evolve and change over time, that an investment in a BAGELS Store involves business risks and that the success of the venture is largely dependent upon the business abilities and efforts of Developer.
- F. Franchisor expressly disclaims the making of, and Developer acknowledges that he has not received or relied upon, any warranty or guaranty, express or implied, as to the revenues, profits or success of the business venture contemplated by this Agreement. Developer acknowledges that he has not received or relied on any representations, written or oral, about the franchise by Franchisor, or its officers, directors, employees or agents, that are contrary to the statements made in Franchisor's Franchise Disclosure Document or to the terms herein, and further represents to Franchisor, as an inducement to its entry into this Agreement that Developer has made no misrepresentations, written or oral, to Franchisor in his application for the development rights granted hereunder.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels FDD, the developer acknowledges they have conducted an independent investigation of the business. The developer recognizes that the nature of the business may change over time and that investing in a Big Apple Bagels store involves business risks. The success of the venture is largely dependent on the developer's business abilities and efforts.
Big Apple Bagels expressly disclaims making any warranties or guarantees, express or implied, regarding the revenues, profits, or success of the business. The developer acknowledges that they have not relied on any representations, written or oral, about the franchise by Big Apple Bagels, its officers, directors, employees, or agents, that contradict the statements in the Franchise Disclosure Document or the terms of the agreement.
The developer also represents that they have made no misrepresentations to Big Apple Bagels in their application for the development rights, serving as an inducement for Big Apple Bagels to enter into the agreement. This acknowledgement is a standard practice in franchising, ensuring that franchisees understand the risks and have not been misled by the franchisor.