Are representations or promises outside of the Bombs Away Disclosure Document and Franchise Agreement enforceable in Virginia?

According to Bombs Away's 2024 Franchise Disclosure Document, in Virginia, only the terms within the Franchise Agreement and other related written agreements are binding, subject to applicable state law. This means that any representations or promises made outside of these official documents may not be enforceable. This amendment is specific to franchisees operating in the Commonwealth of Virginia.

For a prospective Bombs Away franchisee in Virginia, this has significant implications. It underscores the importance of ensuring that all material terms, conditions, and promises are explicitly included in the Franchise Agreement or other written agreements. Verbal assurances or representations made during the negotiation phase, if not documented, may not hold up legally.

This provision protects both Bombs Away and the franchisee by setting clear boundaries for the franchise relationship. Franchisees should carefully review the Franchise Agreement and related documents with legal counsel to ensure they accurately reflect the agreed-upon terms. Any discrepancies or missing elements should be addressed and incorporated into the written agreements before signing. This ensures that both parties are aligned and that the franchisee's rights and obligations are clearly defined and legally enforceable under Virginia law.