What acknowledgement do Franchisee and Franchisee's Principal(s) make regarding promises, representations, or inducements related to the Cilantro Taco Grill general release?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
- (d) Franchisee and Franchisee's Principal(s) acknowledge, warrant, and represent that no promises, representations, or inducements, except as set forth in this General Release, have been offered or made by any Franchisor Released Party to secure the execution of this General Release, and that this
General Release is executed without reliance on any statements or any representations not contained herein. Franchisee and Franchisee's Principal(s) knowingly waive (1) any claim that this General Release was induced by any misrepresentation or nondisclosure, and (2) any right to rescind or avoid this General Release based upon presently existing facts, known or unknown.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill Franchise Disclosure Document, the franchisee and their principals acknowledge that no promises, representations, or inducements, other than those explicitly stated in the General Release, have been offered or made by any franchisor released party to secure the execution of the General Release. They also confirm that the General Release is executed without reliance on any statements or representations not included within it.
Furthermore, the franchisee and their principals waive any claim that the General Release was induced by misrepresentation or nondisclosure. They also waive any right to rescind or avoid the General Release based on existing facts, whether known or unknown. This indicates that the franchisee is agreeing to the release with a full understanding that they cannot later claim they were misled or unaware of certain facts that might have influenced their decision to sign the release.
This acknowledgement is a standard legal protection for franchisors. It prevents franchisees from later claiming they were pressured or misled into signing the release. Prospective Cilantro Taco Grill franchisees should carefully review the General Release and understand its implications before signing, as this clause limits their ability to challenge the agreement later based on claims of misrepresentation or lack of information.