What constitutes the entire agreement between the franchisee and Bombs Away Franchising?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and representations. Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by Bombs Away Franchising in its franchise disclosure document.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the franchise agreement represents the entire agreement between the parties, superseding any prior negotiations or representations. However, the agreement does not disclaim the representations made by Bombs Away in its franchise disclosure document. This means that while previous discussions and communications are not part of the formal contract, Bombs Away is still accountable for the information provided in the FDD itself.
This clause is standard in franchise agreements to provide clarity and prevent disputes based on informal understandings. It ensures that the franchisee and Bombs Away are bound only by the written terms of the franchise agreement and the disclosures made in the FDD. Franchisees should carefully review both documents to fully understand their rights and obligations.
It is important for prospective Bombs Away franchisees to understand that any promises or assurances made by Bombs Away representatives that are not included in the franchise agreement or the FDD are not legally binding. Therefore, franchisees should ensure that all material terms and conditions are documented in writing within these two documents before signing the agreement.