Does the Burros Fries Franchise Agreement require the franchisee and its owners to acknowledge they were advised to have the agreement reviewed by an attorney?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
FRANCHISEE ACKNOWLEDGES THAT FRANCHISEE AND ALL OF ITS OWNERS, HAVE BEEN ADVISED TO HAVE THIS AGREEMENT AND ALL OTHER DOCUMENTS REVIEWED BY AN ATTORNEY AND THAT FRANCHISEE AND ITS OWNERS HAVE READ, UNDERSTOOD, HAD AN OPPORTUNITY TO DISCUSS AND AGREED TO EACH PROVISION OF THIS AGREEMENT. THE FRANCHISEE AND ITS OWNERS AGREE THAT THERE HAS BEEN NO PRESSURE OR COMPULSION BY FRANCHISOR OR ITS AGENTS TO SIGN THIS AGREEMENT.
FRANCHISEE ACKNOWLEDGES AND AGREES THAT THE SUCCESS OF THE BUSINESS VENTURE CONTEMPLATED TO BE UNDERTAKEN BY FRANCHISEE AND ITS OWNERS IS SPECULATIVE AND WILL BE DEPENDENT ON PERSONAL EFFORTS AND SUCCESS IS NOT GUARANTEED. FRANCHISEE AND ITS OWNERS ACKNOWLEDGE AND REPRESENT THAT IT HAS ENTERED INTO THIS AGREEMENT AND MADE AN INVESTMENT ONLY AFTER MAKING AN INDEPENDENT INVESTIGATION OF THE OPPORTUNITY, INCLUDING HAVING RECEIVED A LIST WITH THE FRANCHISE DISCLOSURE DOCUMENT OF OTHER CURRENTLY AND PREVIOUSLY OPERATED BURROS & FRIES FRANCHISES, IF ANY AT THAT TIME.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, the Franchise Agreement requires the franchisee and all of its owners to acknowledge that they have been advised to have the agreement and all other documents reviewed by an attorney. Furthermore, the franchisee and its owners must acknowledge that they have read, understood, had an opportunity to discuss, and agreed to each provision of the agreement.
This acknowledgement is a standard practice in franchising, intended to protect both the franchisee and the franchisor. By confirming they sought legal counsel, franchisees demonstrate they understood the terms and conditions before signing. This can reduce potential disputes or claims of misunderstanding later on.
The agreement also states that the franchisee and its owners agree that there has been no pressure or compulsion by Burros Fries or its agents to sign the agreement. This reinforces the idea that the franchisee is entering the agreement voluntarily and with full understanding of its implications. The franchisee also acknowledges that the success of the business venture is speculative and dependent on personal efforts, and that success is not guaranteed. Finally, the franchisee acknowledges that they made an independent investigation of the opportunity, including having received a list with the Franchise Disclosure Document of other currently and previously operated Burros & Fries franchises, if any at that time.