Does Big O Tires authorize or will it be bound by any representation of any nature other than those expressed in the Big O Tires agreement?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
Big O does not authorize and will not be bound by any representation of any nature other than those expressed in this Agreement.
Franchisee acknowledges and agrees that no representations have been made to it by Big O or its representatives regarding projected sales volumes, market potential, revenues, or profits of Franchisee's Big O Store, or operational assistance other than as stated in this Agreement or in any applicable Franchise Disclosure Document or advertising or promotional materials provided by Big O.
Additionally, Franchisee hereby acknowledges and agrees that, in entering into this Agreement, it is not relying on the existence or non-existence of any particular fact or matter not set forth in this Agreement or in the Franchise Disclosure Document provided to Franchisee.
Franchisee agrees and understands that Big O will not be liable or obligated for any oral representations or commitments made prior to the execution hereof, for claims of negligent or fraudulent misrepresentation based on any such oral representations or commitments, or for claims of negligent or fraudulent omissions or nondisclosure of facts or information.
Nothing in this Agreement is intended to disclaim any representations made by Big O in the Franchise Disclosure Document provided to Franchisee.
- (g) Franchisee acknowledges and recognizes that different terms and conditions, including a different fee structure and investment requirements may pertain to different Big O franchises offered in the past, contemporaneously herewith, or in the future, as permitted under applicable laws, and that Big O does not represent that all franchise agreements are or will be identical.
Source: Item 23 — RECEIPTS (FDD pages 102–535)
What This Means (2025 FDD)
According to the 2025 Big O Tires Franchise Disclosure Document, Big O Tires is not bound by any representations outside of the franchise agreement. Big O Tires makes it clear that franchisees should not rely on any representations regarding potential sales volumes, market potential, revenues, or profits that are not explicitly stated in the agreement, the Franchise Disclosure Document, or provided advertising and promotional materials.
This means that any verbal promises or commitments made prior to signing the agreement are not binding on Big O Tires. Franchisees cannot hold Big O Tires liable for negligent or fraudulent misrepresentation based on oral statements or omissions. This protects Big O Tires from potential lawsuits based on misunderstandings or unwritten agreements.
Big O Tires also emphasizes that different franchise agreements may have different terms, fee structures, and investment requirements. The franchisee acknowledges that Big O Tires does not represent that all franchise agreements are identical. This allows Big O Tires flexibility in offering different franchise terms based on specific circumstances or market conditions. However, the disclaimer does not negate any representations made by Big O Tires in the Franchise Disclosure Document itself, ensuring that document remains a reliable source of information for prospective franchisees.
Prospective franchisees should rely solely on the written agreements and the Franchise Disclosure Document when making their investment decisions. It is important to seek professional legal and financial advice to fully understand the terms and conditions of the franchise agreement and to assess the potential risks and rewards of investing in a Big O Tires franchise.