Does the Bombs Away franchise agreement disclaim the representations made in the Disclosure Document?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in franchise or | Summary |
|---|---|---|
| other agreement | ||
| t. Integration/merger | Only the terms of the franchise agreement | |
| clause | ||
| and other written agreements are binding | ||
| (subject to state law). Any representations | ||
| or promises outside of the disclosure | ||
| document and franchise agreement may not | ||
| be enforceable. However, no claim made in | ||
| any franchise agreement is intended to | ||
| disclaim the representations made in this | ||
| Disclosure Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 28–31)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the franchise agreement does not disclaim the representations made in the Disclosure Document. The integration clause specifies that only the terms within the franchise agreement and other written agreements are binding, subject to state law. This means that any promises or representations made outside of the FDD and the franchise agreement itself may not be enforceable.
However, the FDD explicitly states that no claim within any Bombs Away franchise agreement is intended to disclaim the representations made in the Disclosure Document. This provides some assurance to the franchisee that the information presented in the FDD is not contradicted or nullified by the franchise agreement.
This clause is important for prospective Bombs Away franchisees as it clarifies the relative importance of different documents and statements. While verbal promises or representations outside the FDD and franchise agreement may be difficult to enforce, the FDD's representations are not disclaimed by the franchise agreement itself, offering a degree of legal protection.