Does the Craters & Freighters franchise agreement supersede representations made in the Franchise Disclosure Document?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
- 25.1 Entire Agreement. This Agreement and the documents referred to herein will be construed together and constitute the entire Agreement between the parties hereto and supersede all prior negotiations, understandings, representations, and agreements, if any. However, nothing in this Agreement or any related agreement is intended to disclaim Franchisor's representations made in Franchisor's Franchise Disclosure Document. No amendment, change, or variance from this Agreement will be binding on either party hereto unless executed in writing by both parties hereto.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, the franchise agreement does not supersede representations made in the Franchise Disclosure Document. Specifically, the document states that nothing in the agreement is intended to disclaim representations made in the Franchise Disclosure Document. This ensures that franchisees can rely on the information provided in the FDD when making their investment decision.
However, the FDD includes state-specific addenda that may modify the relationship between the franchise agreement and the FDD. For example, in Washington, the Washington Franchise Investment Protection Act may supersede the franchise agreement in areas such as termination and renewal. Similarly, in Virginia and Illinois, certain provisions are in place to protect franchisees from waiving rights or being held to terms less favorable than those in the FDD.
These state-specific provisions are important for prospective Craters & Freighters franchisees to understand, as they can impact the enforceability of certain clauses in the franchise agreement. Franchisees should carefully review the addenda applicable to their state to ensure they are aware of any modifications or protections afforded to them under state law. This is a fairly common practice in franchising, as state laws often aim to protect franchisees and ensure fair practices by franchisors.