Does the Burros Fries franchisee acknowledge that they should not rely on any statement or representation not contained in the Franchise Disclosure Document or the agreement?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
th an attorney or advisor of Franchisee's own choosing about the potential benefits and risks of entering into this Agreement prior to its execution.
Franchisee acknowledges that any statements, oral or written, by us or our agents preceding the execution of this Agreement were for informational purposes only and do not constitute any representation or warranty by us. The only representations, warranties and obligations of us are those specifically set forth in the Franchise Disclosure Document and this Agreement. Franchisee must not rely on, and the parties do not intend to be bound by, any statement or representation not contained therein.
Franchisee acknowledges that we will not provide or designate locations for Franchisee, will not provide financial assistance to Franchisee and have made no representation that it will buy back from Franchisee any products, supplies, kitchen equipment, technology items (such as a point of sale ("POS") system, computers, sound system furnishings, fixtures or signage purchased by Franchisee in connection with the Business, except where we are otherwise required by law or regulation to buy back such items upon expiration or termination of this Agreement.
3. NO PROJECTED OR FORECASTED FRANCHISE SALES, PROFITS OR EARNINGS
We do not make Financial Performance Representations and have not included any such representations in the Franchise Disclosure Document.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, the franchisee acknowledges that they should not rely on any statements or representations that are not explicitly included in the Franchise Disclosure Document or the Franchise Agreement. This means that any verbal or written promises made by Burros Fries or its agents before the agreement's execution are for informational purposes only and do not constitute a warranty or representation by Burros Fries.
Burros Fries's stance is that only the representations, warranties, and obligations specifically outlined in the Franchise Disclosure Document and the Franchise Agreement are binding. The franchisee is explicitly warned not to rely on any statement or representation not contained within these documents. This is a standard clause in franchise agreements designed to protect the franchisor from claims based on promises or representations made outside of the official documents.
Furthermore, the franchisee acknowledges that they have received a complete copy of the Franchise Agreement, the Disclosure Document, and all applicable exhibits in a timely manner. They also warrant that no oral, written, or visual claim contradicting the Disclosure Document was made. The franchisee confirms they had ample opportunity to review and examine the Disclosure Document and were furnished with copies of all relevant documents before signing the agreement. This reinforces the importance of the written agreements and disclosures over any other form of communication.
In essence, Burros Fries emphasizes the importance of due diligence and independent legal review. The franchisee acknowledges that they have been advised to have the agreement reviewed by an attorney and that they understand and agree to each provision. This acknowledgement is a protective measure for Burros Fries, ensuring that franchisees cannot later claim they were unaware of the agreement's terms or were pressured into signing it. Franchisees should carefully review all documents and seek legal counsel to fully understand their rights and obligations before entering into the agreement.