Does the Buildingstars agreement require all written agreements related to it to be expressly referenced in the agreement?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and all other written agreements related to this Agreement and expressly referenced in this Agreement, represent the entire understanding and agreement between the parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between the parties. No representations, inducements, promises or agreements, oral or otherwise, if any, not embodied in this Agreement shall be of any force and effect; provided, however, that nothing in this or any related agreement is intended to disclaim BUILDINGSTARS' representations made in the franchise disclosure document that was furnished to FRANCHISEE in connection with the offering to operate the Business. No amendment to this Agreement is binding unless executed in writing by both parties.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, the franchise agreement stipulates that the entire understanding between Buildingstars and the franchisee includes the franchise agreement itself and any other written agreements that are expressly referenced within it. This clause also states that it supersedes any prior negotiations, understandings, or representations made between the parties.
This means that if there are any other agreements between you and Buildingstars that are important to your franchise relationship, they must be specifically mentioned in the franchise agreement to be considered part of the complete agreement. Any promises or representations not written into the agreement or its referenced documents are not binding.
For a prospective Buildingstars franchisee, this highlights the importance of ensuring that all relevant agreements and understandings are documented and expressly referenced in the franchise agreement. This protects both the franchisee and Buildingstars by clarifying the scope of their obligations and rights. It also means that the franchisee should carefully review the franchise agreement and any referenced documents to ensure they accurately reflect the entire agreement.