Are representations or promises made outside of the Canine Dimensions Franchise Disclosure Document and Franchise Agreement enforceable?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
| s. Modification of the | Article 21 | | Changes to the Franchise Agreement must be made in writing and | | agreement | | | agreed to by both parties. | | t. Integration/merger clause | Article 21 | | Only the terms of the Franchise Agreement are binding (subject to state law). Nothing in the agreement or in any related agreement is intended to disclaim the representations we made in the Franchise Disclosure Document. Any representations or promises outside the Franchise Disclosure Document and Franchise Agreement may not be enforceable. |
Other than the preceding financial performance representation, Canine Dimensions Franchising, LLC does not make any financial performance representations. We also do not authorize our employees or representatives to make any such representations either orally or in writing. If you are purchasing an existing outlet, however, we may provide you with the actual records of that outlet. If you receive any other financial performance information or projections of your future income, you should report it to the franchisor's management by contacting Phil Guida at (888) 281- 3647, the Federal Trade Commission, and the appropriate state regulatory agencies.
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 30–32)
What This Means (2025 FDD)
According to Canine Dimensions's 2025 Franchise Disclosure Document, any representations or promises made outside of the Franchise Disclosure Document and Franchise Agreement may not be enforceable. Specifically, Article 21 regarding the integration/merger clause states that only the terms within the Franchise Agreement are binding, subject to state law. However, the agreement does not disclaim representations made within the Franchise Disclosure Document itself.
This means that prospective Canine Dimensions franchisees should rely primarily on the information contained within the Franchise Disclosure Document and the Franchise Agreement. Any verbal promises or assurances made by Canine Dimensions representatives that are not documented in these official documents may not be legally binding. This is a common practice in franchising to ensure clarity and avoid misunderstandings.
It is crucial for potential franchisees to carefully review both the Franchise Disclosure Document and the Franchise Agreement before signing. If there are any discrepancies between what a Canine Dimensions representative says and what is written in these documents, the written terms will likely prevail. Franchisees should seek legal counsel to review these documents and clarify any ambiguities before making a final decision. This helps protect their investment and ensures they fully understand their rights and obligations.
Furthermore, the Canine Dimensions FDD states that the company does not authorize its employees or representatives to make any financial performance representations either orally or in writing, besides the financial performance representation provided. If a prospective franchisee receives any other financial performance information or projections of future income, they should report it to Phil Guida at (888) 281- 3647, the Federal Trade Commission, and the appropriate state regulatory agencies.