What does Face Foundrie's Area Developer acknowledge regarding representations made by the franchisor?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned, personally and as an officer(s), member(s) or partner(s) of Area Developer, as applicable, does hereby certify that he/she has conducted an independent investigation of the business contemplated by this Area Development Agreement and the Face Foundrié Franchising L.L.C. Franchise Agreement, and that the decision to execute the Area Development Agreement was based entirely upon the independent investigation by the undersigned; and the undersigned further certifies that he/she has not relied upon, in any way, any claims regarding potential sales, income, or earnings to be derived from the business contemplated by the Franchise Agreement and Area Development Agreement, and has not relied upon any claims regarding past or current sales, income or earnings of Franchisor or its affiliate operated Face Foundrié Facial Bars that are contrary to or different from the information contained in Franchisor's Franchise Disclosure Document. The undersigned further certifies that he/she understands the risks involved in this investment and Face Foundrié Franchising L.L.C. makes no representation or guaranty, explicit or implied, that the Area Developer will be successful or will recoup his/her investment.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the Area Developer acknowledges several key points in their certification. The Area Developer certifies that they have conducted an independent investigation of the Face Foundrie business opportunity and that their decision to execute the Area Development Agreement is based entirely on this independent investigation. This means the Area Developer is expected to perform their own due diligence rather than relying solely on information provided by Face Foundrie.
Furthermore, the Area Developer acknowledges that they have not relied on any claims regarding potential sales, income, or earnings to be derived from the business, nor have they relied on any claims about past or current sales, income, or earnings of Face Foundrie that contradict the information in the Franchise Disclosure Document. This is a standard clause to ensure that franchisees understand the risks involved and do not base their investment decisions on unsubstantiated claims. It also protects Face Foundrie from liability if the franchisee's business does not perform as expected.
Finally, the Area Developer certifies that they understand the risks involved in the investment and that Face Foundrie makes no representation or guarantee, explicit or implied, that the Area Developer will be successful or will recoup their investment. This underscores the high-risk nature of franchise investments and the importance of thorough due diligence. This statement is a common disclaimer in franchise agreements, intended to manage expectations and limit the franchisor's liability for the franchisee's business outcomes.