20 Acknowledgements, Representations, and Warranties

• 20.1 Acknowledgements and Representations

  • (1) Franchisee and Guarantor each acknowledge that:
    • (a) They have relied upon their own investigations and judgment in entering this Agreement;

• (b) Before signing this Agreement, they have undertaken their own due diligence and sought such professional advice and assistance as they consider appropriate in relation to Franchisor and all other matters relevant to this Agreement;

• (c) They are not entering into this Agreement on the basis of any financial or other information provided by Franchisor or any express or implied statement or representation by Franchisor or any Affiliate of Franchisor or any of their officers, employees, agents or representatives; and

• (d) They have not been introduced to Franchisor by any broker or agent acting or purporting to act on behalf of Franchisor.

• (2) Franchisee acknowledges that Franchisor has agreed to grant the Franchise to Franchisee in reliance on the character, skills, and financial capacity of Franchisee, the Owners and the General Manager, that the establishment and operation of the Franchised Business will involve significant financial risks, and that the success of the Franchised Business will depend upon the skills and financial capacity of Franchisee and the Owners and also upon changing economic and market conditions.

• (3) Franchisee acknowledges and agrees that it has conducted an independent investigation of the business contemplated by this Agreement and recognizes that it involves business risks making the success of the venture largely dependent on the business abilities of Franchisee. Franchisor expressly disclaims the making of, and Franchisee acknowledges that it has not received or relied upon, any express or implied warranty or guarantee regarding the potential volume, profits, or success of the business venture contemplated by this Agreement.

• (4) Franchisee and Guarantor represent that all information provided to Franchisor in support of Franchisee's application to acquire the Franchise, including in relation to its financial capacity, resources, business experience and skills are complete, true, and correct.

• (5) Franchisor makes no representation or warranty as to the suitability or otherwise of any premises or the site for the Outlet approved by it or that the operation of the Outlet will necessarily be profitable or successful.

• (6) Franchisor is not responsible for the acts or omissions of any person involved in the design of the Outlet, including any architects or consultants engaged by Franchisor.

Source: Item 23 — Receipts (FDD pages 58–262)