Are Cicis franchisees allowed to use implied warranties to vary the terms of the franchise agreement?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that no implied warranties may be used to vary the expressed terms of this or any other agreement.
- E.
Jurisdiction and Venue; Governing Law.
You and we agree that all claims, controversies, or disputes arising under this Agreement or involving the relationships created by this Agreement will be resolved in the state or federal district courts located in the state, county, or judicial district where our or our successor's or assign's primary headquarters (currently, Dallas, Texas) is located at the time litigation is filed.
You consent, and hereby waive all objections, to the jurisdiction of and venue in such courts.
Notwithstanding the foregoing, we have the right and option to bring any action (1) for monies owed, (2) for injunctive or other extraordinary relief, or (3) involving possession or disposition of, or other relief relating to, real property, in any state or federal district court which would also have jurisdiction in the absence of this provision or which developer deems appropriate to obtain the relief sought.
With respect to all claims, controversies, disputes, or actions, this Agreement will be interpreted and construed under Texas law (except for Texas choice of law rules).
You acknowledge and agree that the foregoing agreements regarding applicable state law and forum provide each of the parties with the mutual benefit of uniform interpretation of this Agreement and any dispute arising out of this Agreement or the parties' relationship created by this Agreement.
You further acknowledge the receipt and sufficiency of mutual consideration for such benefit.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, franchisees are prohibited from using implied warranties to alter the terms of any agreement with the company. This restriction is explicitly stated in the franchise agreement to ensure that all terms are governed by the written contract. Cicis makes no guarantees or promises unless expressly stated in writing.
This provision means that a Cicis franchisee cannot claim that unwritten promises or understandings should override the written terms of the franchise agreement. Implied warranties, which are unwritten guarantees imposed by law, cannot be used to change or add to the obligations outlined in the franchise agreement. This protects Cicis by ensuring that franchisees cannot later argue that they were promised something not included in the written contract.
For a prospective Cicis franchisee, this clause underscores the importance of carefully reviewing and understanding the entire franchise agreement before signing. Any expectations or promises must be documented in writing to be enforceable. This "no implied warranties" clause is a common provision in franchise agreements, designed to provide clarity and prevent disputes based on verbal or assumed understandings.