Can a City Publications franchisee rely on representations made by the franchisor or its personnel?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
Whenever this Agreement requires the prior approval or consent of Franchisor, Franchisee shall make a timely written request to Franchisor therefore and, except as otherwise provided herein, any approval or consent granted shall be effective only if in writing. Franchisor makes no warranties or guarantees upon which Franchisee may rely and assumes no liability or obligation to Franchisee or any third party to which it would not otherwise be subject, by providing any waiver, approval, advice, consent or services to Franchisee in connection with this Agreement, or by reason of any neglect, delay or denial of any request therefore.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to the 2025 City Publications Franchise Disclosure Document, a franchisee should obtain written approval from City Publications for any agreements or understandings. Section 7(E) states that City Publications makes no warranties or guarantees upon which a franchisee may rely unless provided in writing. This means that any verbal promises, assurances, or representations made by City Publications personnel are not binding unless they are documented and approved in writing by the franchisor.
This provision protects City Publications from potential misunderstandings or misinterpretations of information provided to franchisees. It also ensures that all franchisees operate under the same set of rules and guidelines, as outlined in the franchise agreement and other written documents. By requiring written approval, City Publications maintains control over the franchise system and can prevent franchisees from taking actions that could harm the brand or the business model.
For a prospective City Publications franchisee, this clause highlights the importance of due diligence and careful review of the franchise agreement. It is crucial to get any promises or representations made during the sales process in writing and formally approved by City Publications. A potential franchisee should not rely on verbal assurances alone, as these may not be enforceable. This requirement is a common practice in franchising, intended to provide clarity and legal certainty for both parties involved in the franchise relationship.