Does Extreme Art Studio's approval of a Studio site for an Extreme Art Studio Business constitute a warranty of its suitability?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
You acknowledge and agree that our approval of any Studio is merely our determination, entirely for our own purposes, that the Studio site meets our current criteria.
Our consent does not constitute a representation or warranty of any kind, express or implied, of the Studio's suitability, and you confirm that you have not relied, and will not rely, on our approval for that purpose.
You recognize that demographic and/or other factors could change at any time before or during the term of this Franchise Agreement, altering the Studio's potential and suitability.
Your selection of the Studio is based on your own independent investigation of, or agreement in the future to investigate, the Studio's suitability.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
According to Extreme Art Studio's 2024 Franchise Disclosure Document, the franchisor's approval of a studio site does not constitute a warranty of its suitability. Extreme Art Studio states that its approval is merely a determination, made entirely for its own purposes, that the site meets their current criteria.
The FDD emphasizes that Extreme Art Studio's consent does not represent any kind of guarantee or warranty, whether express or implied, regarding the studio's suitability. The document explicitly states that franchisees should not rely on Extreme Art Studio's approval as an indication of suitability. Franchisees are expected to conduct their own independent investigations to determine if a studio site is appropriate for their business.
The document also highlights the dynamic nature of demographic and other factors, noting that these can change at any time and affect the studio's potential and suitability. This reinforces the importance of the franchisee's ongoing assessment of the location, independent of the initial approval by Extreme Art Studio. Ultimately, the responsibility for selecting a suitable location rests solely with the franchisee.