Does Buildingstars allow franchisees to disclaim reliance on statements made by the franchisor or its representatives in franchise questionnaires and acknowledgements?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- D.
Entire Agreement.
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.
Source: Item 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, the franchise agreement constitutes the entire agreement between both parties. Specifically, it states that the written agreement supersedes all prior negotiations, understandings, and representations made between the parties.
The agreement specifies that any representations, inducements, promises, or agreements not explicitly included within the written agreement will have no force or effect. However, this is with the explicit exception of Buildingstars' representations made in the Franchise Disclosure Document itself, which was furnished to the franchisee in connection with the franchise offering.
This means that while verbal promises or representations made outside of the FDD and franchise agreement are generally disclaimed, Buildingstars cannot disclaim the representations made within the Franchise Disclosure Document itself. This protects the franchisee by ensuring they can rely on the information provided in the FDD, which is a legally required document.