What warranties are disclaimed by GIFT in the Participation Agreement with Dq Treat franchisees?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly provided in this Participation Agreement, GIFT disclaims all representations and warranties, express or implied, including any warranties of quality, suitability, merchantability, fitness for a particular purpose or noninfringement.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat FDD, GIFT (First Data Resources, LLC) disclaims all representations and warranties in the Participation Agreement with Dq Treat franchisees, except as expressly provided in the agreement. This disclaimer includes both express and implied warranties.
Specifically, GIFT disclaims warranties of quality, meaning GIFT does not guarantee the standard or grade of the services provided. GIFT also disclaims warranties of suitability, indicating that GIFT does not warrant that the services are appropriate for the franchisee's specific needs. Additionally, GIFT disclaims warranties of merchantability, meaning GIFT does not guarantee that the services are fit for the ordinary purposes for which they are used.
Furthermore, GIFT disclaims warranties of fitness for a particular purpose, meaning GIFT does not guarantee that the services will meet the franchisee's unique requirements. Finally, GIFT disclaims warranties of noninfringement, meaning GIFT does not guarantee that the services will not violate any third-party rights. This comprehensive disclaimer means that Dq Treat franchisees bear the risk related to the performance and suitability of the services provided by GIFT, potentially increasing the franchisee's operational risks.