Does the Checkersrallys franchise agreement confer any rights or remedies to individuals or entities who are not parties to the agreement?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
18.11 Construction.The language of this Agreement shall be construed according to its fair meaning and not strictly for or against any party. The introduction, personal guarantees, exhibits and riders (if any) to this Agreement are a part of this Agreement, which constitutes the entire agreement of the parties. Except as otherwise expressly provided herein, there are no other oral or written agreements, understandings, representations or statements relating to the subject matter of this Agreement, that either party may or does rely on or that will have any force or effect, except that nothing in this Agreement shall disclaim or require you to waive reliance on any representation we made in our most recent Franchise Disclosure Document (including that document's exhibits and amendments) delivered to you or your representative. Nothing in this Agreement shall be deemed to confer any rights or remedies on any person or legal entity not a party hereto. This Agreement shall not be modified except by written agreement signed by both parties.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Checkersrallys Franchise Disclosure Document, the franchise agreement does not confer any rights or remedies to any person or legal entity not directly involved in the agreement. This means that the agreement is strictly between Checkersrallys and the franchisee. No third party can claim rights or remedies under the agreement.
This provision is typical in franchise agreements, as it ensures that only the parties involved in the contract can enforce its terms. This clause protects Checkersrallys from claims by individuals or entities who are not part of the franchise relationship. For a prospective franchisee, this means they cannot assign or transfer their rights under the agreement to someone else without Checkersrallys's consent, and no other party can step in to enforce the agreement on their behalf.
This section of the franchise agreement also states that the agreement constitutes the entire understanding between the parties. There are no other oral or written agreements, understandings, representations, or statements relating to the subject matter of the agreement that either party may rely on or that will have any force or effect, except for representations made by Checkersrallys in its most recent Franchise Disclosure Document. The agreement can only be modified by a written agreement signed by both Checkersrallys and the franchisee.