Does the Carbones Pizzeria franchise agreement supersede representations made in the Franchise Disclosure Document?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
The recitals and Rider hereto are a part of this Agreement, which constitutes the entire agreement of the parties, and at the time of this Agreement, there are no other oral or written understandings or agreements between Franchisor and Franchisee relating to the subject matter of this Agreement other than the agreements and other documents referenced herein; provided, however, nothing in this or in any related agreement is intended to disclaim any representations Franchisor made in the Franchise Disclosure Document furnished to Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, the franchise agreement, along with its recitals and riders, constitutes the entire agreement between Carbones Pizzeria and the franchisee. This means that all the terms and conditions governing the franchise relationship are contained within these documents.
However, the agreement explicitly states that it is not intended to disclaim any representations Carbones Pizzeria made in the Franchise Disclosure Document (FDD) furnished to the franchisee. This provision protects the franchisee by ensuring that any promises or statements made by Carbones Pizzeria in the FDD are not nullified by the franchise agreement.
This clause is significant for prospective franchisees because it means they can rely on the information provided in the FDD when making their investment decision. It prevents Carbones Pizzeria from later arguing that the franchisee cannot hold them accountable for representations made in the FDD. Franchisees should carefully review the FDD and the franchise agreement to ensure consistency and to understand their rights and obligations.