Does the C12 Group Franchise Agreement disclaim representations made in the Franchise Disclosure Document?
C12_Group Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement constitutes the entire agreement between Franchisee and Franchisor with respect to the subject matter hereof and supersedes any and all prior agreements and understandings with respect to the subject matter hereof verbal and/or written and shall not be modified or amended unless in writing and signed by both parties. This Agreement shall be binding upon Franchisee and Franchisor and their respective heirs, administrators, executors, survivors, and/or successors and assigns. The Summary Page is a part of this Agreement and all terms contained therein are incorporated herein. Notwithstanding the foregoing, nothing in this Agreement or in any document or agreement related to this Agreement is intended to disclaim the representations made by Franchisor in its Franchise Disclosure Document.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 36–40)
What This Means (2025 FDD)
According to the 2025 C12 Group Franchise Disclosure Document, the Franchise Agreement does not disclaim representations made in the Franchise Disclosure Document. Specifically, Section XV of the Franchise Agreement states that the agreement constitutes the entire agreement between the franchisee and franchisor, superseding prior agreements. However, it explicitly notes that nothing in the agreement is intended to disclaim the representations made by C12 Group in its Franchise Disclosure Document. This protects the franchisee by ensuring that they can rely on the information provided in the FDD when making their investment decision.
This clause is favorable for prospective C12 Group franchisees. Franchise agreements often contain clauses that attempt to limit the franchisor's liability for statements made outside of the agreement itself. This provision ensures that C12 Group cannot later argue that the franchisee was not entitled to rely on the information presented in the FDD.
It is important for franchisees to carefully review the entire Franchise Disclosure Document and Franchise Agreement to fully understand their rights and obligations. While this clause protects reliance on the FDD, franchisees should still conduct their own due diligence and seek professional advice before investing in a C12 Group franchise.