Does the Desi District Franchise Agreement represent the entire agreement between the franchisee and franchisor?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
Disclosure Document.
- (6) That no person acting on Desi District Franchise Group's behalf made any statement or promise or agreement, other than those matters addressed in this Agreement, concerning advertising, marketing, media support, market penetration, training, support service, or assistance that is contrary to, or different from, the information contained in the Disclosure Document.
- (7) Franchisee understands that this Agreement contains the entire agreement between Desi District Franchise Group and Franchisee concerning the Desi District franchise, which means that any oral or written statements not set out in this
Agreement will not be binding. In deciding to enter into this Agreement, Franchisee is not relying on any statement, promise, claim, or representation not expressly set forth in this Agreement or in the Disclosure Document.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Desi District Franchise Disclosure Document, the Franchise Agreement contains the entire agreement between Desi District Franchise Group and the franchisee concerning the Desi District franchise. This means that any oral or written statements not included in the agreement are not binding. In deciding to enter into the agreement, the franchisee is not relying on any statement, promise, claim, or representation not expressly set forth in the agreement or in the Disclosure Document.
This clause is a standard integration clause in franchise agreements. It is designed to prevent disputes based on promises or representations made outside of the written contract. Franchisees should ensure that all important terms and conditions are included in the written agreement, as they cannot rely on verbal assurances or other documents not explicitly incorporated.
However, the agreement does clarify that nothing within it or any related agreement is intended to disclaim the representations made by Desi District in its franchise disclosure document. This is an important distinction, as the Franchise Disclosure Document (FDD) contains critical information about the franchise opportunity, and the franchisee's reliance on the FDD is protected.