Does the Body20 franchise agreement allow me to create any obligations on behalf of the franchisor?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
al place of business at 4000 MacArthur Blvd., Suite 800, Newport Beach, California 92660 ("Franchisor"), and the person or entity identified on Appendix A as the franchisee ("Franchisee") with its principal place of business as set forth on Appendix A. In this Rider, "we," "us," and "our" refers to Franchisor. "You" and "your" refers to Franchisee.
- BACKGROUND. We and you are parties to that certain Development Agreement dated, 20 (the "Development Agreement") that has been signed concurrently with this Rider. This Rider is being signed because (a) you are domiciled in the State of New York and the Studios that you will operate and develop under the Development Agreement will be located in New York, and/or (b) any of the offering or sales activity relating to the Development Agreement occurred in New York. 2. TERMINATION. The following is added to the end of Section 6 of the Development Agreement:
You may terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.
IN WITNESS WHEREOF, each of the undersigned has executed this Rider under seal as of the Effective Date of the Development Agreement.
BODY20 FRANCHISOR LLC (IF ENTITY): [Name] By: Name: Title: Date: (IF INDIVIDUALS): [Signature] [Print Name] [Signature] [Print Name] Date:
EXHIBIT J TO THE FRANCHISE DISCLOSURE DOCUMENT
Compliance Questionnaire
(attached)
QUESTIONNAIRE TO BE COMPLETED BEFORE YOU SIGN THE FRANCHISE AGREEMENT
THIS QUESTIONNAIRE SHALL NOT BE COMPLETED BY YOU, AND WILL NOT APPLY, IF THE OFFER OR SALE OF THE FRANCHISE IS SUBJECT TO THE STATE FRANCHISE DISCLOSURE LAWS IN THE STATES OF CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
DO NOT SIGN THE ACKNOWLEDGEMENT IF THE FRANCHISE IS TO BE OPERATED IN, OR YOU ARE A RESIDENT OF, MARYLAND.
You are preparing to enter into a BODY20® Franchise Agreement (the "Franchise Agreement") with BODY20 Franchisor LLC ("we" or "us"). The purpose of this Questionnaire is to confirm that you understand the terms of the contract and that no unauthorized statements or promises have been made to you. Please review each of the following questions and statements carefully and provide honest and complete responses to each. In this Questionnaire, our "representatives" include our officers, directors, employees, agents, sales brokers, and/or any other representatives working on our behalf.
| 1. | When and where did you have your first face-to-face meeting with our representative(s)? |
|---|---|
| Approximate date of first meeting: | |
| Place of meeting: | |
| 2. | Which of our representative(s) have you been dealing with? |
| Name(s): | |
| 3. | Have you personally read the BODY20® |
| Disclosure Document ("FDD")? | |
| Yes | |
| No | |
| 4. | Did you give us a signed receipt for the copy of the FDD that we furnished to you? |
| Yes | |
| No | |
| If yes, on what date? | |
| 5. | Do you understand all of the information contained in the FDD? |
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
Based on the 2025 Body20 Franchise Disclosure Document, it is crucial for a prospective franchisee to understand the limitations and responsibilities concerning obligations. The FDD includes a Compliance Questionnaire that Body20 franchisees must complete before signing the Franchise Agreement. This questionnaire aims to confirm the franchisee understands the agreement's terms and that no unauthorized statements or promises have been made.
Specifically, the questionnaire addresses reliance on representations. Franchisees must acknowledge they are not relying on any representations or warranties from Body20 or its representatives that are not expressly stated in the Franchise Agreement and the FDD. This provision emphasizes that any information acquired from other franchisees regarding their sales, profits, or cash flows is not endorsed or guaranteed by Body20.
Moreover, the FDD explicitly states that, except as outlined in the document, Body20 and its representatives have not made any representations about the historical or anticipated financial performance of any Body20 studio. In certain states with franchise disclosure laws (California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin), franchisees cannot waive claims under state franchise law or disclaim reliance on statements made by Body20 or its representatives. This provision underscores the importance of relying solely on the documented information provided by Body20 and understanding that any external information or promises not included in the FDD are not binding on the franchisor.