What is the Face Foundrie Area Developer warranting regarding exercising its rights under the agreement?
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 the 2025 Face Foundrie FDD, the Area Developer certifies that they have conducted an independent investigation of the business contemplated by the Area Development Agreement and the Face Foundrie Franchise Agreement. This means the Area Developer is confirming they have done their own due diligence before signing the agreement. They are also certifying that their decision to execute the Area Development Agreement was based entirely upon their independent investigation.
The Area Developer is warranting that they have not relied upon any claims regarding potential sales, income, or earnings to be derived from the business, nor have they relied on any claims regarding past or current sales, income, or earnings of Face Foundrie or its affiliate-operated Facial Bars that are contrary to or different from the information contained in Face Foundrie's Franchise Disclosure Document. This is a critical point, as it emphasizes that the Area Developer is making their decision based on the official information provided in the FDD, not on any potentially misleading or unsubstantiated claims.
Furthermore, the Area Developer certifies that they understand the risks involved in this investment. Face Foundrie makes no representation or guarantee, explicit or implied, that the Area Developer will be successful or will recoup their investment. This acknowledges the inherent risks of starting a new business and confirms that the Area Developer is aware that their success is not guaranteed by Face Foundrie. This certification is a standard legal protection for the franchisor, ensuring that franchisees cannot later claim they were misled about the potential profitability or risks of the franchise.