Does the Circle K agreement allow for oral understandings, representations, or warranties?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
- Do you understand that the Agreements and Disclosure Document contain the entire agreement between you and us concerning the franchise for the CIRCLE K Store, Motor Fuel Business and/or Branded Business, meaning that any prior oral or written statements not set out in the Agreements
Source: Item 23 — RECEIPTS (FDD pages 100–359)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the franchise agreement constitutes the entire agreement between the franchisee and Circle K. The document explicitly states that any prior oral or written statements not included in the agreement are not binding. This means that franchisees cannot rely on any promises or representations made by Circle K representatives that are not written into the franchise agreement or disclosure document.
This provision protects Circle K from potential misunderstandings or misrepresentations made during the franchise sales process. It also places the onus on the prospective franchisee to ensure that all important terms and conditions are explicitly included in the written agreements. Franchisees should carefully review all documents and seek legal counsel to clarify any ambiguities or concerns before signing.
Prospective Circle K franchisees should be aware that Item 19 of the FDD contains information about financial performance representations. Franchisees should confirm whether any statements or promises regarding costs involved in operating a Circle K store are contained in the Disclosure Document or are contrary to the information provided in the document. They should also confirm whether any oral, written, or visual claims were made regarding potential sales, revenues, expenses, earnings, income, or profit levels, as these are only valid if explicitly stated in Item 19.