What representations and warranties are the Body20 franchisee required to make when Body20 exercises its right of first refusal?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Understanding of Agreement and Disclosure Documents.
You have read this Agreement and the FDD and have been given ample opportunity to consult with, and ask questions of, our representatives and your legal counsel and advisors regarding the documents.
- (b) Your Acknowledgements.
You acknowledge and agree that: (i) you have conducted an independent investigation of the business contemplated by this Agreement, recognize that it involves business risks, and recognize that making a success of a venture is largely dependent on your own business abilities; (ii) no assurance or warranty, express or implied, has been given to you by us or any of our affiliates as to the potential success of any business contemplated by this Agreement or the profits that may be achieved; (iii) there are no promises, commitments, "side deals," options, rights of first refusal, or other rights or obligations in connection with this Agreement except as expressly provided for in this Agreement; and (iv) the terms and covenants in this Agreement are reasonable and necessary for us to maintain our high standards of quality and service, as well as the uniformity of those standards at each Studio, and to protect and preserve the goodwill of the Marks.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the franchisee acknowledges specific points regarding the franchise agreement and disclosure documents. These acknowledgements are applicable to all Body20 franchisees and Studios, except those subject to state franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin.
The franchisee confirms they have thoroughly read the Franchise Agreement and the FDD, and have had sufficient time to consult with representatives, legal counsel, and advisors. This ensures the franchisee is well-informed about the terms and conditions outlined in the documents before entering the agreement.
Furthermore, the franchisee acknowledges they have conducted an independent investigation of the business, understand the associated risks, and recognize that their success depends on their own business abilities. They also confirm that no assurances or warranties regarding potential success or profits have been provided by Body20 or its affiliates, unless expressly stated in the agreement. The franchisee agrees that there are no additional promises, commitments, or side deals beyond what is explicitly included in the Franchise Agreement, and that the terms and covenants are reasonable and necessary to maintain Body20's standards and protect the brand's goodwill.