If a Canine Dimensions broker makes a promise not in the FDD, is that promise enforceable?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
| 18. Do you understand that any training, support, guidance or tools we provide to you as part of the franchise are for the purpose of protecting the Canine Dimensions® brand and trademarks and to assist you in the operation of your business and not for the purpose of controlling or in any way intended to exercise or exert control over your decisions or day-to-day operations of your business, including your sole responsibility for the hiring, wages and other compensation (including benefits), training, supervision and termination of your employees and all other employment and employee related matters? | ||
|---|---|---|
| Yes | ||
| No | ||
| 19. | ||
| Do you understand that we are relying on your responses to this questionnaire to help us | ||
| determine whether we, and any brokers or consultants that work with us, complied with applicable state | ||
| and federal law? | ||
| Yes | ||
| No | ||
| If you have answered No to questions 9, or Yes to any one of questions 10-17, please provide a full | ||
| explanation of each answer in the following blank lines. (Attach additional pages, if necessary, and refer to | ||
| them below.) If you have answered Yes to question 9, and No to each of questions 10-17, please leave the | ||
| following lines blank. | ||
| I signed the Franchise Agreement and Addendum (if any) on, 20, and | ||
| acknowledge that no Agreement or Addendum is effective until signed and dated by the Franchisor. | ||
| Please understand that your responses to these questions are important to us and that we will rely | ||
| on them. By signing this Questionnaire, you are representing that you have responded truthfully to the above | ||
| questions. In addition, by signing this Questionnaire, you also acknowledge that: | ||
| A. You recognize and understand that business risks, which exist in connection with the purchase | ||
| of any business, make the success or failure of the franchise subject to many variables, including among | ||
| other things, your skills and abilities, the hours worked by you, competition, interest rates, the economy, | ||
| inflation, franchise location, operation costs, lease terms and costs and the marketplace. You hereby | ||
| acknowledge your awareness of and willingness to undertake these business risks. | ||
| B. You agree and state that the decision to enter into this business risk is in no manner predicated | ||
| upon any oral representation, assurances, warranties, guarantees or promises made by Franchisor or any of | ||
| its officers, employees or agents (including the Broker or any other broker) as to the likelihood of success | ||
| of the franchise. Except as contained in the Disclosure Document, you acknowledge that you have not | ||
| received any information from the Franchisor or any of its officers, employees or agents (including the | ||
| Broker or any other broker) concerning actual, projected or forecasted franchise sales, profits or earnings. | ||
| If you believe that you have received any information concerning actual, average, projected or forecasted | ||
| franchise sales, profits or earnings other than those contained in the Disclosure Document, please describe | ||
| those in the space provided below or write "None". |
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 33–35)
What This Means (2025 FDD)
According to Canine Dimensions's 2025 Franchise Disclosure Document, a franchisee's decision to enter into the franchise agreement should not be based on any oral representations, assurances, warranties, guarantees, or promises made by Canine Dimensions or its agents, including brokers, regarding the likelihood of success. The FDD emphasizes that only information contained in the Disclosure Document itself should be considered as valid and reliable. This is further reinforced by a questionnaire that prospective franchisees complete, which includes questions about whether any unauthorized statements or promises were made by Canine Dimensions representatives or brokers.
Canine Dimensions uses this questionnaire to determine if any unauthorized or untrue statements were made during the franchise sales process. The document clarifies that the purchase of a franchise is a business decision with associated risks and that franchisees should not rely on any oral statements, representations, promises, or assurances not authorized by Canine Dimensions. Franchisees are asked to confirm that they have not received any information concerning actual, projected, or forecasted franchise sales, profits, or earnings other than what is contained in the Disclosure Document.
This acknowledgement is designed to protect Canine Dimensions from claims based on verbal promises or representations made by its brokers or employees that are not documented in the FDD. It also serves to ensure that franchisees understand the risks involved in the business and are not relying on unrealistic or unsubstantiated claims of potential success. Therefore, any promises or representations made by a Canine Dimensions broker that are not included in the FDD may not be enforceable, as the franchisee acknowledges that they are not relying on such statements when entering into the franchise agreement.