Does the Brain Balance Franchise Agreement disclaim representations made in the Franchise Disclosure Document?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary | |
|---|---|---|---|
| t. | Integration/Merger clause | 26 | Only the terms of the Agreement and references to the Franchise Agreement are binding. The Franchise Agreement supersedes all prior agreements. Any other promises may not be enforceable (subject to federal and state law). However, nothing in this or any related agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 54–61)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, the Franchise Agreement does not disclaim representations made in the Franchise Disclosure Document, its exhibits, and amendments. The document states that only the terms of the agreement and references to the Franchise Agreement are binding, superseding all prior agreements. Any other promises may not be enforceable, subject to federal and state law.
This means that any claims or promises made by Brain Balance in the Franchise Disclosure Document (FDD) are considered legally binding and cannot be contradicted or disclaimed by the Franchise Agreement. This protects the franchisee by ensuring that the information provided in the FDD, which is a crucial document for making an informed investment decision, holds legal weight.
For a prospective Brain Balance franchisee, this is an important safeguard. It ensures that the franchisee can rely on the information presented in the FDD when making business decisions and that Brain Balance cannot later deny or contradict those representations. This provision offers a degree of security and legal recourse if the franchisor fails to uphold the representations made in the FDD.