Does the Dog Haus Addendum state that any prior agreements are superseded by this Addendum?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.2 Entire Agreement. This Addendum and the Exhibits to this Addendum contain all of the terms and conditions agreed upon by the Parties concerning the subject matter of this Addendum. No other agreements concerning the subject matter of this Addendum, written or oral, shall be deemed to exist or to bind either of the Parties and all prior agreements, understandings and representations are merged into this Addendum and superseded by this Addendum. No officer or employee or agent of Franchisor has any authority to make any representation or promise not included in this Addendum and Franchisee agrees that it has executed this Addendum without reliance upon any representation or promise not included in this Addendum. This Addendum cannot be modified or changed except by written instrument signed by all of the Parties. Notwithstanding the foregoing, nothing in this Addendum is intended to disclaim any representations made in the Dog Haus Franchise Disclosure Document.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, the Addendum contains an entire agreement clause that addresses the superseding of prior agreements. Specifically, the Dog Haus Addendum states that it contains all the terms and conditions agreed upon by both parties regarding the subject matter within the addendum.
Furthermore, the addendum explicitly states that no other agreements, whether written or oral, will be deemed to exist or bind either party. It clarifies that all prior agreements, understandings, and representations are merged into and superseded by the addendum. This means that any previous discussions, promises, or agreements made before the addendum's execution are replaced by the terms outlined within the addendum itself.
However, the addendum includes an exception, clarifying that nothing within it is intended to disclaim any representations made in the Dog Haus Franchise Disclosure Document. This ensures that the representations made in the FDD still hold, even with the superseding clause in the addendum. This is a standard practice to ensure that the franchisee is protected by the disclosures made in the FDD.