Where in the Counselor Realty franchise agreement can I find information about interpretation of the agreement?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
- 13.6 FDD Disclosure. You acknowledge receipt of our Franchise Disclosure Document at least 14 calendar days before execution of this Agreement. You acknowledge receipt of this Agreement with all applicable blanks completed and with all applicable Attachments, Addendums and Exhibits at least seven calendar days before execution of this Agreement. Counselor does not authorize any information, promise, or representation to be communicated to you concerning the offer of this franchise that is not contained in Counselor's Franchise Disclosure Document or this Franchise Agreement or in printed franchise sales literature prepared by Counselor, and you should not rely upon any other information purportedly provided by Counselor in deciding whether to purchase a Counselor franchise.
- 13.8 Responsibility. You acknowledge that your Business will operate in a highly competitive marketplace and that its financial results, including its ultimate success or failure, depend upon your personal management and resources, and supply and market conditions. You acknowledge, therefore, that Counselor did not, cannot and does not guarantee or represent that the Business will be profitable or successful and you have not relied upon any promise, assurance, understanding or agreement not set forth herein.
CAUTION
ANY FACT, INFORMATION, PROMISE, ASSURANCE, REPRESENTATION OR CIRCUMSTANCE COMMUNICATED TO YOU THAT IS NOT CONTAINED IN THE ATTACHED AGREEMENT OR THIS FRANCHISE DISCLOSURE DOCUMENT IS UNAUTHORIZED BY COUNSELOR AND SHOULD NOT BE RELIED UPON BY YOU IN DECIDING WHETHER TO PURCHASE A COUNSELOR FRANCHISE.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Item 22 provides information regarding contracts for Counselor Realty. While it doesn't explicitly have a section titled "interpretation of the agreement," it does include several clauses that address how the agreement should be understood and relied upon. Specifically, section 13.6 states that a Counselor Realty franchisee should not rely on any information, promise, or representation not contained within the Franchise Disclosure Document or the Franchise Agreement itself, or in printed franchise sales literature prepared by Counselor. This implies that the written documents are the primary source for understanding the terms of the franchise relationship.
Additionally, section 13.8 emphasizes that the success of the franchisee's business depends on their own management and resources, as well as market conditions, and that Counselor Realty does not guarantee profitability. This suggests that franchisees should not interpret the agreement as a guarantee of success.
Furthermore, the caution section in Item 22 explicitly warns potential franchisees against relying on any facts, information, promises, assurances, representations, or circumstances not included in the agreement or the Franchise Disclosure Document. This underscores the importance of carefully reviewing these documents and seeking independent legal and financial advice to fully understand the obligations and expectations outlined in the Counselor Realty franchise agreement. A prospective franchisee should consult with a legal advisor to fully understand their rights and obligations under the agreement.