Does delivery of a draft agreement by Bombs Away Franchising constitute an offer?

According to Bombs Away's 2024 Franchise Disclosure Document, the delivery of a draft agreement to a prospective franchisee by Bombs Away Franchising does not constitute an offer. The franchise agreement is not considered effective until it has been fully executed by both the franchisee and Bombs Away Franchising.

This clause protects Bombs Away from being bound to an agreement simply by providing a draft copy. It gives both parties the opportunity to review and negotiate the terms before committing to the franchise relationship. This is a fairly standard practice in franchising, ensuring that both parties are in complete agreement before entering into a binding contract.

For a potential Bombs Away franchisee, this means that receiving a draft agreement is just one step in the process. The franchisee should carefully review the document, seek legal counsel if necessary, and negotiate any points of concern before signing. Until the agreement is signed by both parties, neither party is legally obligated.