For Chick Fil A franchises in Maryland, can prospective franchisees rely on representations not included in the Franchise Agreement, the Disclosure Document, its exhibits, or any amendments or supplements?
Chick_Fil_A Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to the requirements of applicable state law, no other representations or statements of any kind have induced the Operator to sign this Lease; the Operator may rely on Chick-fil-A's representations in the most recent Franchise Disclosure Document that Chick-fil-A delivered to the Operator, including its exhibits and any amendments or supplements, in connection with the Operator's entry into this Lease (the "FDD").
Chick-fil-A cautions the Operator not to rely on any representations, promises or agreements, oral or otherwise, not appearing in or attached to this Lease, the Franchise Agreement or in the FDD because among other things, no officer, employee, or other servant or agent of Chickfil-A was or is authorized to make any representation, warranty, or other promise not contained in this Lease, the Franchise Agreement or the FDD.
Source: Item 23 — Receipts (FDD pages 103–600)
What This Means (2025 FDD)
According to Chick Fil A's 2025 Franchise Disclosure Document, prospective franchisees in Maryland should not rely on any representations, promises, or agreements that are not explicitly included in the Franchise Agreement, the Disclosure Document (FDD), its exhibits, or any amendments or supplements. Chick-fil-A explicitly cautions operators against relying on any oral or written representations that do not appear in these documents. This is because no officer, employee, or agent of Chick-fil-A is authorized to make any representation, warranty, or promise outside of these official documents.
This provision is designed to ensure that all agreements and understandings between Chick Fil A and the franchisee are clearly documented and legally binding. It protects Chick Fil A from potential misunderstandings or misinterpretations of verbal promises or assurances made by its representatives. It also ensures that franchisees are aware of the complete scope of their obligations and rights under the franchise agreement.
For a prospective Chick Fil A franchisee, this means that it is crucial to carefully review all documents provided by Chick Fil A, including the Franchise Agreement and the FDD, and to ensure that any important terms or conditions are included in writing. Any verbal promises or assurances made by Chick Fil A representatives should be confirmed in writing and attached to the Franchise Agreement or included in an amendment to the FDD. This will help to avoid any potential disputes or misunderstandings in the future and ensure that the franchisee's interests are protected. This requirement is subject to applicable state law, which may provide additional protections or requirements for franchisees.