Are oral representations made to the Crawlspace Medic developer binding?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
opment Agreement in on the day and year first above written.
| FRANCHISOR: |
|---|
| CSM FRANCHISE GROUP, LLC |
| By: |
| Evan Wilson, President |
| DEVELOPER: |
| (Print Name) |
| DEVELOPER: |
| (Print Name) |
DEVELOPER ACKNOWLEDGEMENT STATEMENT
Developer hereby acknowledges the following:
Developer has conducted an independent investigation of all aspects relating to the financial, operational and other aspects of the business of developing the Crawlspace Medic outlets contemplated hereunder. Developer further acknowledges that, except as may be set forth in Franchisor's Disclosure Document, no representations of performance (financial or otherwise) for the Crawlspace Medic outlets to be developed hereunder has been made to Developer by Franchisor and Developer hereby waives any claim against Franchisor for any business failure Developer may experience as a developer under this Agreement.
_____ Initial
Developer agrees that no claims of success or failure have been made to him or her prior to signing this Agreement and that he/she understands all the terms and conditions of this Agreement. Developer further acknowledges that this Agreement contains all oral and written agreements, representations and arrangements between the parties hereto, and any rights which the respective parties hereto may have had under any other previous contracts are hereby cancelled and terminated, and that this Agreement cannot be changed or terminated orally; provided, however, nothing in this Multi-Unit Development Agreement or in any related agreement is intended to disclaim the representations made to Developer in Franchisor's Franchise Disclosure Document.
_____ Initial
Developer has no knowledge of any representations by Franchisor or its officers, directors, shareholders, employees, sales representatives, agents or servants, about the business contemplated by this Agreement that are contrary to the terms of this Agreement or the documents incorporated herein. Developer acknowledges that no representations or warranties are made or implied, except as specifically set forth herein.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to Crawlspace Medic's 2024 Franchise Disclosure Document, oral representations made to the developer are generally not binding. The developer acknowledges that, except as set forth in the Franchise Disclosure Document, Crawlspace Medic has not made any representations of performance, financial or otherwise. The developer also waives any claims against Crawlspace Medic for any business failure they may experience as a developer.
The developer agrees that no claims of success or failure have been made to them prior to signing the agreement and that they understand all the terms and conditions. The agreement contains all oral and written agreements, representations, and arrangements between the parties, superseding any prior contracts. However, the agreement does not disclaim the representations made to the developer in Crawlspace Medic's Franchise Disclosure Document.
The developer confirms they have no knowledge of any representations by Crawlspace Medic or its representatives that contradict the terms of the agreement or incorporated documents. They acknowledge that no representations or warranties are made or implied, except as specifically stated in the agreement. The developer also confirms they have not made any misrepresentations to obtain the agreement. Crawlspace Medic disclaims any warranty or guarantee regarding the potential volume, profits, or success of the business venture, and the developer acknowledges they have not relied upon any such warranty or guarantee.