Does the Chem Dry Franchise Agreement supersede any prior understandings or agreements between Chem Dry and the franchisee?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
operate a CHEM-DRY Business offering the services CDI authorizes and using CDI's business formats, methods, procedures, designs, layouts, standards, specifications and Marks, as such things may exist from time to time, (the "Franchise System").
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- FRANCHISEE acknowledges that FRANCHISEE has read this Agreement and CDI's Franchise Disclosure Document and that FRANCHISEE understands and accepts the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain CDI's high standards of quality and service, as well as the uniformity of those standards at each CHEM-DRY Business and to protect and preserve the goodwill of the Marks. FRANCHISEE acknowledges that CDI has the right to restrict FRANCHISEE'S sources of goods and services, as provided in various sections in this Agreement. FRANCHISEE acknowledges that FRANCHISEE has conducted an independent investigation of the business contemplated by this Agreement and recognizes that it involves business risks and that the success of the venture is largely dependent upon the business abilities of FRANCHISEE. FRANCHISEE acknowledges and agrees that CDI's officers, directors, employees and agents act only in a representative and not in a personal capacity in their dealings with FRANCHISEE. FRANCHISEE further acknowledges that FRANCHISEE has not received or relied upon, any warranty or guaranty, express or implied, as to the potential revenues, profits or success of the franchise or policies made by CDI or its officers, directors, employees or agents that are contrary to the statements, if any, expressly made in CDI's Franchise Disclosure Document. FRANCHISEE further represents to CDI, as an inducement to its entry into this Agreement, that FRANCHISEE has made no misrepresentations in obtaining the franchise. FRANCHISEE further acknowledges that CDI has not made any representation, warranty, or other claim regarding the CHEM-DRY Business franchise opportunity, other than those made in this Agreement and CDI's Franchise Disclosure Document. FRANCHISEE represent and warrants to CDI that FRANCHISEE has independently and
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thoroughly evaluated this opportunity, including by using business professionals and advisors selected and engaged by FRANCHISEE, and has relied solely upon those evaluations in deciding to enter into this Agreement. FRANCHISEE further acknowledges that FRANCHISEE has been afforded an opportunity to ask any questions FRANCHISEE has and to review any materials of interest to FRANCHISEE concerning the CHEM-DRY Business franchise opportunity. Finally, FRANCHISEE acknowledges that FRANCHISEE has been afforded an opportunity, and has been encouraged by CDI, to have this Agreement and all other agreements and materials CDI has given or made available to FRANCHISEE reviewed by an attorney or other professional advisor.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to the 2024 Chem Dry Franchise Disclosure Document, the franchisee acknowledges several key aspects regarding the franchise agreement. The franchisee acknowledges that they have read and understand the Chem Dry Franchise Agreement and the Franchise Disclosure Document (FDD). They accept the terms, conditions, and covenants within the agreement as reasonably necessary to maintain Chem Dry's quality and service standards, ensure uniformity across all Chem-Dry businesses, and protect the goodwill associated with the Chem-Dry marks.
Furthermore, the franchisee acknowledges Chem Dry's right to restrict sources of goods and services as outlined in the agreement. The franchisee confirms they have conducted an independent investigation of the Chem-Dry business opportunity, recognizing the inherent business risks and understanding that their success largely depends on their own business abilities. The franchisee also acknowledges that Chem Dry's officers, directors, employees, and agents act in a representative capacity and not personally in their dealings with the franchisee.
Importantly, the franchisee acknowledges that they have not received or relied upon any warranties or guarantees, whether express or implied, regarding the potential revenues, profits, or success of the franchise, except for statements expressly made in Chem Dry's Franchise Disclosure Document. The franchisee represents that they have not made any misrepresentations in obtaining the franchise and that Chem Dry has not made any representations, warranties, or other claims about the Chem-Dry Business franchise opportunity beyond what is in the agreement and the FDD. The franchisee warrants that they have independently evaluated the opportunity with the help of their own advisors and have relied solely on those evaluations in deciding to enter the agreement. They also acknowledge having the opportunity to ask questions and review materials and to have the agreement reviewed by an attorney or other professional advisor.