For Craters & Freighters franchisees, what documents are considered binding on the franchisor?
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 and the documents referred to within it constitute the entire agreement between both parties, superseding any prior negotiations or understandings. However, the agreement does not disclaim any representations made by Craters & Freighters in its Franchise Disclosure Document. Any changes or amendments to the agreement must be made in writing and executed by both parties to be considered binding.
This means that a prospective Craters & Freighters franchisee should carefully review all documents referenced in the franchise agreement, as these will be legally binding. It also means that any promises or representations made by Craters & Freighters during the franchise sales process that are not included in the FDD or the franchise agreement may not be enforceable.
This clause is fairly standard in franchise agreements, as it aims to provide clarity and certainty regarding the terms of the franchise relationship. Franchisees should ensure they understand all incorporated documents before signing the agreement.