factual

Does Circle K authorize its representatives to make financial representations in writing?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

Did any employee or other person speaking on behalf of TMC Franchise Corporation make any statement or promise regarding the costs involved in operating a CIRCLE K Store, Motor Fuel Business and/or Branded Business that is not contained in the Disclosure Document or that is contrary to, or different from, the information contained in the Disclosure Document? Check one: () Yes () No. If yes, please comment:
Except as stated in Item 19, did any employee or other person speaking on behalf of TMC Franchise
Corporation make any oral, written or visual claim, statement, promise or representation to you that
stated, suggested, predicted or projected sales, revenues, expenses, earnings, income or profit levels
at any
CIRCLE K Store, Motor Fuel Business and/or Branded Business, or the likelihood of success at
your business? Check one:
( ) Yes ( ) No. If yes, please state in detail the oral, written or visual
claim or representation:
Did any employee or other person speaking on behalf of TMC Franchise Corporation make any
representation as to your ability to procure any required license or permit that may be necessary in
order to offer one or more of the services or products contemplated to be offered by the Circle K
franchise? Check one: ( ) Yes ( ) No. If yes, please comment:
Do you understand that (i) TMC Franchise Corporation
makes no representations or warranties and
expressly disclaims all liability with respect to any studies of the prospective Circle K Store, Motor
Fuel Business and/or Branded Business
location prepared by third parties at your request
(including, without limitation any third party retail analytics studies), including any statements of
potential volume, income, earnings, expenses, profits, or financial or business success of the Circle
K Business that may be included in any such third-party studies, and (ii)
any such third party studies
are not taken into account by TMC Franchise Corporation in evaluating any proposed site
locations? Check one: () Yes () No. If no, please comment

Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 85–86)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, the document includes a section in Item 23 where prospective franchisees are asked to confirm whether any Circle K employee or representative made any statements or promises regarding the costs involved in operating a Circle K store, motor fuel business, or branded business that were not included in the Disclosure Document or that differed from the information within it. This suggests that Circle K aims to limit financial representations to what is explicitly stated in the FDD.

Additionally, the questionnaire asks franchisees to confirm whether any Circle K employee made any oral, written, or visual claims, statements, promises, or representations about potential sales, revenues, expenses, earnings, income, or profit levels at any Circle K store, motor fuel business, or branded business, or the likelihood of success. Franchisees are asked to describe any such claims in detail if they occurred. This indicates that Circle K prefers to avoid making specific financial projections outside of Item 19.

The document also states that Circle K makes no representations or warranties and expressly disclaims all liability regarding any third-party studies of prospective Circle K store locations, including any statements of potential volume, income, earnings, expenses, profits, or financial or business success. These third-party studies are not taken into account by Circle K when evaluating proposed site locations. This reinforces that Circle K does not rely on or endorse external financial projections.

Overall, while the FDD does not explicitly state that Circle K representatives are prohibited from making written financial representations, the document emphasizes the importance of relying on the information provided in the FDD and disclaims responsibility for any external financial projections or representations. Prospective franchisees should be cautious of any financial claims made outside of the official FDD and are encouraged to seek clarification from Circle K regarding any discrepancies.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.