Are the express representations made in the Desi District Disclosure Document disclaimed by any franchise agreement?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| t. Integration/merger clause | FA: § 18.3 MUDA: § 7 | Only the terms of the agreement are binding (subject to state law). Any representations or promises outside of the disclosure document and franchise agreement (or MUDA) may not be enforceable. However, no claim made in any franchise agreement (or MUDA) is intended to disclaim the express representations made in this Disclosure Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–48)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, the franchise agreement does not disclaim the express representations made in the Disclosure Document. The FDD states that only the terms of the agreement are binding, subject to state law. Any representations or promises made outside of the disclosure document and franchise agreement (or MUDA) may not be enforceable.
However, the FDD explicitly states that no claim made in any franchise agreement (or MUDA) is intended to disclaim the express representations made in the Disclosure Document. This means that Desi District franchisees can rely on the information provided in the FDD when making their investment decision, and the franchise agreement will not attempt to invalidate those representations.
This provision protects franchisees by ensuring that the franchisor stands behind the information presented in the FDD. It is a fairly standard clause in franchise agreements, intended to provide clarity and prevent disputes over what information a franchisee relied upon when entering into the agreement.