Are there any representations made outside of the Deka Lash disclosure document and franchise agreement that are enforceable?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section In Franchise Agreement | Summary |
|---|---|---|
| t. Integration/merger clause | 18 | Only the terms in the franchise agreement are binding (subject to federal or state law). Any representations or promises made outside the disclosure document and franchise agreement may not be enforceable. No claim in any franchise agreement(s) is intended to disclaim the express representations made in this Franchise Disclosure Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–54)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the franchise agreement contains an integration clause. This means that only the terms written within the franchise agreement are considered legally binding, subject to federal or state laws. Any promises, assurances, or representations made outside of the official Deka Lash Franchise Disclosure Document and the franchise agreement itself may not be enforceable.
This clause protects Deka Lash from franchisees claiming they were promised something that isn't actually in the contract. It also means that prospective franchisees should not rely on anything they are told during the sales process unless it is written into the franchise agreement or the Franchise Disclosure Document.
However, the FDD also states that no claim in any franchise agreement is intended to disclaim the express representations made in the Franchise Disclosure Document. This means that Deka Lash cannot use the integration clause to contradict information that is explicitly stated in the FDD. Therefore, prospective franchisees should carefully review the FDD and ensure that all important terms and conditions are included in the franchise agreement to avoid future disputes.