Does the Bombs Away franchise agreement disclaim representations made in the franchise disclosure document?
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 explicitly states that it does not disclaim representations made in the franchise disclosure document. Specifically, Article 18.3 of the agreement confirms that the entire agreement supersedes prior negotiations and representations but clarifies that nothing within the agreement or related documents is intended to disclaim the representations made by Bombs Away in its Franchise Disclosure Document.
This provision is favorable for prospective Bombs Away franchisees. It means that any claims or promises made by Bombs Away in the FDD are not nullified or contradicted by the franchise agreement itself. Franchisees can rely on the information provided in the FDD as part of their decision-making process without fear that the agreement will later invalidate those representations.
In the context of franchising, such a clause provides an added layer of protection for the franchisee. It ensures that the franchisee can hold Bombs Away accountable for the statements and representations made in the FDD, which is a legally required disclosure document. This contrasts with franchise agreements that may contain clauses that attempt to limit or disclaim reliance on prior representations, potentially weakening the franchisee's position.