What constitutes the entire agreement and understanding of the parties with respect to the Services in the Bonchon agreement?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement, all exhibits to this Agreement, and all ancillary agreements executed contemporaneously with this Agreement constitute the entire agreement between the parties with reference to the subject matter of this Agreement and supersede any and all prior negotiations, understandings, representations and agreements. Nothing in this or any related Agreement, however, is intended to disclaim or require you to waive reliance on any representation that we made in the Franchise Disclosure Document that we provided to you. You specifically acknowledge that the only financial performance information we furnish is set forth in Item 19 of our franchise disclosure document; that no officer, director, employee, agent, representative or independent contractor of ours is authorized to furnish you with any other financial performance information. For the purpose of this Agreement, "financial performance information" means information given, whether orally, in writing or visually which states, suggests or infers a specific level or range of historic or prospective sales, expenses and/or profits of franchised or non-franchised Bonchon Businesses and Restaurants.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the entire agreement between Bonchon and the franchisee regarding the subject matter of the agreement is comprised of the franchise agreement itself, all exhibits attached to it, and any ancillary agreements executed at the same time. This agreement supersedes all prior negotiations, understandings, representations, and agreements.
However, the integration clause does not disclaim or require a franchisee to waive reliance on any representation made by Bonchon in the Franchise Disclosure Document (FDD). Bonchon specifies that the only financial performance information it provides is in Item 19 of the FDD, and no officer, director, employee, agent, representative, or independent contractor is authorized to provide any other financial performance information.
For clarity, "financial performance information" includes any statements, suggestions, or inferences about specific levels or ranges of historic or prospective sales, expenses, and/or profits of franchised or non-franchised Bonchon Businesses and Restaurants. This ensures that franchisees rely only on the information provided in the FDD and not on any unauthorized representations.