Does Devon Creek make any representations of performance (financial or otherwise) for the Franchised Business outside of what is in the Disclosure Document?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- Franchisor expressly disclaims the making of, and Franchisee (or Developer) acknowledges that it has not received or relied upon, any warranty or guarantee, express or implied, as to the potential volume, profits or success of the business venture contemplated by the Franchise Agreement (or Multi-Unit Development Agreement).
Initial
- Franchisee (or Developer) acknowledges that Franchisor's approval or acceptance of Franchisee's (or Developer's) Business location does not constitute a warranty, recommendation, or endorsement of the location for the Franchised Business, nor any assurance by Franchisor that the operation of the Franchised Business at the premises will be successful or profitable.
Initial
- Franchisee (or Developer) acknowledges that it has received the Devon Creek Franchise Group, LLC Franchise Disclosure Document with a complete copy of the Franchise Agreement (and Multi-Unit Development Agreement) and all related Attachments and agreements at least fourteen (14) calendar days prior to the date on which the Franchise Agreement (or Multi-Unit Development Agreement) was executed. Franchisee (or Developer) further acknowledges that Franchisee (or Developer) has read such Franchise Disclosure Document and understands its contents.
Initial
- Franchisee (or Developer) acknowledges that it has had ample opportunity to consult with its own attorneys, accountants, and other advisors and that the attorneys for Franchisor have not advised or represented Franchisee (or Developer) with respect to the Franchise Agreement (or Multi-Unit Development Agreement) or the relationship thereby created.
Initial
- Franchisee (or Developer), together with Franchisee's (or Developer's) advisers, has sufficient knowledge and experience in financial and business matters to make an informed investment decision with respect to the Franchise granted by the Franchise Agreement (or Multi-Unit Development Agreement).
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, Devon Creek explicitly disclaims making any warranties or guarantees, either express or implied, regarding the potential volume, profits, or overall success of the franchise business venture, except as specifically outlined in the Franchise Agreement or Multi-Unit Development Agreement. This means that prospective franchisees should not rely on any verbal or written promises of financial performance that are not included in the official documents.
This disclaimer is further reinforced by the franchisee's acknowledgement that Devon Creek's approval of a business location does not constitute a warranty, recommendation, or endorsement of that location's suitability for the franchised business. Nor does it provide any assurance that operating the franchised business at that location will be successful or profitable. The franchisee also acknowledges having received the Franchise Disclosure Document with all relevant agreements at least fourteen calendar days before signing, confirming they have had ample time to review and understand the contents.
The FDD emphasizes that franchisees should seek advice from their own attorneys, accountants, and advisors, and that Devon Creek's attorneys have not represented the franchisee in any way. Furthermore, the document states that the franchisee, along with their advisors, possesses sufficient knowledge and experience in financial and business matters to make an informed investment decision. This comprehensive disclaimer aims to ensure that franchisees understand the risks involved and are not relying on any unsubstantiated claims of potential success.