Does the 'No Disclaimer' provision in the Coffee News agreement supersede other terms in connection with the franchise?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
It is acknowledged that the Franchisees are responsible for their own content posted or published through the social media and are responsible for complying with all laws and regulations and third-party site terms and conditions. Coffee News will not have any liability for the Franchisee's use of social-media sites. Additionally, Coffee News does not have responsibility or obligation for monitoring Franchisee's compliance with such laws, regulations, and third-party terms and conditions. Any approval by Coffee News of the use of social media sites or monitoring thereof does not constitute a representation that the Franchisees are in compliance with these laws, regulations or terms and conditions. The Franchisees are responsible for monitoring their own employees, representatives, agents, etc. to ensure compliance with these requirements set forth in the Policies.
Source: Item 23 — Receipts (FDD pages 36–118)
What This Means (2025 FDD)
Based on the 2025 Coffee News Franchise Disclosure Document, there is no mention of a 'No Disclaimer' provision. However, the document does emphasize the franchisee's responsibility for compliance with laws, regulations, and third-party terms, especially concerning social media.
Coffee News franchisees are responsible for the content they post on social media and must comply with all applicable laws, regulations, and third-party site terms. Coffee News assumes no liability for a franchisee's use of social media sites and has no obligation to monitor a franchisee's compliance with these external rules. Any approval by Coffee News of a franchisee's social media use does not guarantee compliance with laws, regulations, or terms and conditions. Franchisees must ensure their employees and representatives also adhere to these requirements, as detailed in the Coffee News Social Media Policy, which is included as Schedule D to the Franchise Agreement.
Furthermore, franchisees must avoid actions such as defaming others, misusing copyrighted materials, or violating privacy laws. All social media posts must be truthful and not misleading. Franchisees are also restricted from disclosing confidential or proprietary information related to Coffee News or its clients. They must adhere to the 2012 FTC Endorsement Guidelines regarding endorsements and testimonials, disclosing any compensation received for promoting a product.
In summary, while the FDD does not address whether a 'No Disclaimer' provision supersedes other terms, it makes clear that franchisees bear the responsibility for their actions and content, especially in the realm of social media, and must comply with all applicable laws and regulations.