What acknowledgement regarding representations or warranties about sales, earnings, or profits is deleted from the Cool Binz Franchise Agreement?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
17. YOUR AFFIRMATIONS. The following language shall be deleted it its entirety:
"We have not made, nor have you relied on, any representation as to the past or future sales, volume or potential profitability, earnings or income of the COOL BINZ Business, or any other COOL BINZ Business, other than the information provided in our franchise disclosure document;" and,
"You are not relying on any representation or statement that we have made, regarding the anticipated income, earnings and growth of COOL BINZ outlets, the System, or the viability of the COOL BINZ franchise opportunity."
18. REPRESENTATIONS. The following language shall be deleted it its entirety:
"YOU ACKNOWLEDGE THAT NO REPRESENTATIONS, PROMISES, INDUCEMENTS, GUARANTEES OR WARRANTIES OF ANY KIND WERE MADE BY US OR ON OUR BEHALF THAT HAVE LED YOU TO ENTER INTO THIS AGREEMENT;" and,
"YOU FURTHER UNDERSTAND THAT SOME FRANCHISEES ARE MORE OR LESS SUCCESSFUL THAN OTHER FRANCHISEES AND THAT WE HAVE MADE NO REPRESENTATION THAT YOU WILL DO AS WELL AS ANY OTHER FRANCHISEE."
No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, specific acknowledgements related to representations about sales, earnings, or profits are deleted from the franchise agreement. The first deleted acknowledgement states that Cool Binz has not made any representation as to the past or future sales, volume or potential profitability, earnings or income of the Cool Binz business, or any other Cool Binz business, other than the information provided in their franchise disclosure document. It also states that the franchisee is not relying on any representation or statement that Cool Binz has made, regarding the anticipated income, earnings and growth of Cool Binz outlets, the System, or the viability of the Cool Binz franchise opportunity.
The second deleted acknowledgement states that the franchisee acknowledges that no representations, promises, inducements, guarantees or warranties of any kind were made by Cool Binz or on their behalf that have led the franchisee to enter into the agreement. It further states that the franchisee understands that some franchisees are more or less successful than other franchisees and that Cool Binz has made no representation that the franchisee will do as well as any other franchisee.
These deletions mean that Cool Binz franchisees will not be held to these specific acknowledgements within the franchise agreement. However, the document also states that no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.