What agreement terms are binding on Counselor Realty?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section(s) in Franchise or Other Agreement | Summary contractors of Counselor or any of Counselor's franchisees | |
|---|---|---|---|
| r. | Non-competition covenants after the franchise is terminated or expires | 7.2 | No solicitation of agents, employees or independent contractors of Counselor or any of Counselor's franchisees for 24- months post-termination |
| s. | Modification of the agreement | Section 13.2 | No modifications generally but Franchise Policy Guidelines and licensed Marks subject to change by Counselor |
| t. | Integration/merger clause | Section 13.1 | Only the terms of the Franchise Agreement are binding on Counselor |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 25–29)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, only the terms of the Franchise Agreement are binding on Counselor Realty. This is according to the integration/merger clause in Section 13.1 of the agreement. This means that any promises, representations, or agreements made outside of the written Franchise Agreement are not legally binding on Counselor Realty.
This clause protects Counselor Realty from being held accountable for verbal agreements or understandings that are not explicitly written into the Franchise Agreement. It ensures that the entire agreement between the franchisee and Counselor Realty is contained within a single document, providing clarity and certainty for both parties.
For a prospective franchisee, this highlights the importance of carefully reviewing the entire Franchise Agreement and ensuring that all material terms and conditions are included in the written document. Any verbal promises or assurances from Counselor Realty representatives should be confirmed in writing and incorporated into the Franchise Agreement to be enforceable. This protects the franchisee and ensures that both parties are clear on their obligations and rights under the franchise agreement.