Does the Cilantro Taco Grill general release acknowledge that any promises, representations, or inducements outside of the release were made?
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
Cilantro Taco Grill FA 2024
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 general release explicitly states that no promises, representations, or inducements beyond what is included in the release itself have been made to secure its execution. Franchisees acknowledge that they are not relying on any statements or representations not contained within the General Release.
This provision is significant for prospective Cilantro Taco Grill franchisees because it limits their ability to make claims based on any promises or representations made during the franchise sales process that are not documented in the General Release. This includes verbal promises or assurances from franchise sales representatives or other individuals associated with Cilantro Taco Grill.
The franchisee also waives any claim that the General Release was induced by misrepresentation or nondisclosure and any right to rescind or avoid the General Release based upon presently existing facts, known or unknown. This underscores the importance of carefully reviewing all documents and conducting thorough due diligence before signing the General Release, as franchisees are essentially agreeing that they have not been misled and are aware of the terms they are agreeing to.
Such clauses are common in franchise agreements to protect the franchisor from future litigation based on claims of misrepresentation or unfulfilled promises. However, it places the onus on the franchisee to ensure that all material terms and representations are included in the written agreements and that they fully understand the implications of the General Release before signing.