Does the Circle K franchise agreement require the franchisee to acknowledge whether any statements were made contrary to the FDD?
Circle_K Franchise · 2025 FDDAnswer 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 |
| Do you understand that that the franchise granted is for the right to operate a CIRCLE K Store, Motor |
| Fuel Business and/or Branded Business |
| at a particular location only and that we have the right to |
| issue franchises or operate competing businesses from any other location, regardless of the |
| proximity to your location? Check one: () Yes () No. If no, please comment |
| Do you understand that the approval of TMC Franchise Corporation of the site for a CIRCLE K |
| Store, Motor Fuel Business and/or Branded Business |
| does not constitute an assurance, representation |
| or warranty of any kind as to the successful operation or profitability of a CIRCLE K Store, Motor |
| Fuel Business and/or Branded Business |
| operated at the site? Check one: () Yes () No. If no, |
| please comment |
Source: Item 23 — RECEIPTS (FDD pages 100–359)
What This Means (2025 FDD)
According to the 2025 Circle K Franchise Disclosure Document, the franchisee must acknowledge whether any statements or promises were made that contradict the information provided in the disclosure document. Specifically, the franchisee is asked to confirm whether any employee or person representing TMC Franchise Corporation made statements or promises about the costs involved in operating a Circle K store, motor fuel business, or branded business that are not included in the Disclosure Document or that are contrary to the information within it. The franchisee must check either "Yes" or "No" to this question. If the franchisee answers yes, they are prompted to provide additional comments.
Additionally, the franchisee must acknowledge whether any claims, statements, promises, or representations were made regarding potential sales, revenues, expenses, earnings, income, or profit levels at any Circle K store, motor fuel business, or branded business, beyond what is stated in Item 19 of the FDD. Again, a "Yes" or "No" response is required, with a request for detailed information if the answer is affirmative.
Furthermore, the franchisee must confirm whether any representations were made regarding their ability to obtain necessary licenses or permits to offer the services or products contemplated by the Circle K franchise. The franchisee also needs to acknowledge that TMC Franchise Corporation disclaims liability for third-party studies of the prospective Circle K location, including statements of potential volume, income, earnings, expenses, profits, or financial or business success. They must also acknowledge that the approval of the site does not guarantee the success or profitability of the Circle K store.