Does Cool Binz assume liability for agreements, representations, or warranties made by the franchisee that are not expressly authorized under the Franchise Agreement?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither you nor we will make any express or implied agreements, warranties, guarantees, or representations or incur any debt in the name of or on behalf of the other party, or represent that the relationship between you and us is other than that of franchisor and franchisee. We do not assume any liability, and will not be deemed liable for any agreements, representations, or warranties made by you which are not expressly authorized under this Agreement, for any damages to any person or property which directly or indirectly arise from or relate to your operation of the COOL BINZ Business authorized by this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz does not assume liability for unauthorized agreements, representations, or warranties made by its franchisees. The FDD states that Cool Binz will not be held liable for any agreements, representations, or warranties made by the franchisee that are not expressly authorized within the Franchise Agreement. Additionally, Cool Binz is not liable for damages to any person or property that arise from the franchisee's operation of the Cool Binz business.
This provision clarifies the relationship between Cool Binz and its franchisees, establishing them as independent entities. Franchisees cannot make agreements or incur debts on behalf of Cool Binz unless specifically authorized in the Franchise Agreement. This protects Cool Binz from potential liabilities arising from the actions of its franchisees.
Prospective franchisees should understand that they are solely responsible for their actions and representations made during the operation of their Cool Binz franchise. It is crucial for franchisees to adhere strictly to the terms outlined in the Franchise Agreement and avoid making any unauthorized claims or promises to customers or other parties. Failure to do so could result in the franchisee being held liable for any resulting damages or legal issues.