Does the Crave Cookies franchise agreement disclaim representations made in the franchise disclosure document?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
and not for the purpose of establishing any control, or duty to take control, over the Business. Crave Cookies Franchising has no liability for Franchisee's obligations to any third party whatsoever.
- 18.2 No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies upon any person or entity other than Franchisee, Crave Cookies Franchising, and Crave Cookies Franchising's affiliates.
- 18.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and representations. Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by Crave Cookies Franchising in its franchise disclosure document.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, the franchise agreement does not disclaim the representations made by Crave Cookies in its Franchise Disclosure Document. The agreement explicitly states that nothing within it or any related agreement is intended to disclaim those representations.
However, the agreement also includes clauses where the franchisee acknowledges that they understand the information in Crave Cookies's Disclosure Document and that no one acting on Crave Cookies's behalf made any statements or promises regarding costs or potential earnings that are not included in the Disclosure Document or contradict it. The franchisee also acknowledges that they are not relying on any statements, promises, claims, or representations not expressly set forth in the agreement or in the Disclosure Document.
These acknowledgements are common in franchise agreements to protect the franchisor from claims based on verbal promises or representations made during the sales process that are not documented in the FDD or the franchise agreement itself. While Crave Cookies affirms the importance of the FDD, franchisees should ensure that all important representations are included in writing to avoid potential disputes later.