Does the Browns Chicken franchise agreement disclaim any express representations made in the Franchise Disclosure Document?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
The preamble, recitals and Riders hereto are a part of this Agreement, which, together with any other agreements referred to herein, constitutes the entire agreement of the parties, and there are no other oral or written representations, understandings or agreements between Brown and Franchisee relating to the subject matter of this Agreement. Notwithstanding the foregoing, nothing in this or any related agreement is intended to disclaim the express representations made in the Franchise Disclosure Document. Nothing in this Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity not a party hereto. Except where this Agreement expressly obligates Brown to reasonably approve or not unreasonably withhold its approval of any action or request by Franchisee, Brown has the absolute right to refuse any request by Franchisee or to withhold its approval of any action or omission by Franchisee. Whenever this Agreement or any related agreement grants, confers or reserves to Brown the right to take action, refrain from taking action, grant or withhold Brown's consent or grant or withhold Brown's approval, unless the provision specifically states otherwise,
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, the franchise agreement does not disclaim express representations made in the Franchise Disclosure Document. The franchise agreement, along with any other agreements referred to within, constitutes the entire agreement between Browns Chicken and the franchisee. Browns Chicken states that nothing in the franchise agreement is intended to disclaim the express representations made in the Franchise Disclosure Document.
This means that Browns Chicken franchisees can rely on the information provided in the FDD as being accurate and not contradicted or nullified by the franchise agreement itself. This is a standard protection for franchisees, ensuring that the disclosures made by the franchisor are upheld throughout the franchise relationship.
Prospective Browns Chicken franchisees should carefully review the Franchise Disclosure Document and the franchise agreement to understand their rights and obligations. They should also seek legal counsel to ensure that they fully understand the terms of the agreement and the implications of this clause.