Does the Face Foundrie franchise agreement require a franchisee to waive reliance on any representation made in the Franchise Disclosure Document?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
19.18 Disavowal of Oral Representations.
Franchisor and Franchisee acknowledge that each party desires all terms of their franchise relationship to be defined in this written agreement, and that neither party desires to enter into a business relationship with the other in which any terms or obligations are subject to any oral statements or in which oral statements serve as the basis for creating rights or obligations different than or supplementary to the rights and obligations as set forth in this Agreement.
Therefore, Franchisor and Franchisee agree that this Agreement will supersede and cancel any prior and contemporaneous discussions
between them. Franchisor and Franchisee each agree that each party has placed, and will place, no reliance on any discussions. Franchisee agree that no representations have been made to it about this Agreement, the Facial Bar, or the System other than as contained in this Agreement and in the franchise disclosure document received before Franchisee signed this Agreement. Franchisee agrees that no claims, representations, or warrantees of earnings, sales, profits, or success of the Facial Bar have been made to Franchisee.
19.19 No Waiver or Disclaimer of Reliance in Certain States. The following provision applies only to franchisees and franchises that are subject to the state franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin:
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the franchise agreement includes a clause regarding the disavowal of oral representations. It states that Face Foundrie and the franchisee both desire that all terms of their franchise relationship be defined in the written agreement, and neither party wants to enter into a business relationship where terms are subject to oral statements that create different or supplementary rights/obligations than those in the agreement.
Specifically, the agreement states that it will supersede and cancel any prior discussions between Face Foundrie and the franchisee. Both parties agree that they have not relied on any discussions outside of what is in the agreement and the franchise disclosure document. The franchisee agrees that no representations have been made about the agreement, the Facial Bar, or the System other than what is contained in the agreement and the franchise disclosure document received before signing. The franchisee also agrees that no claims, representations, or warranties of earnings, sales, profits, or success of the Facial Bar have been made to the franchisee.
However, the Face Foundrie franchise agreement contains a provision that states the above disavowal of reliance does not apply to franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin. This means that in those states, franchisees do not waive their right to rely on representations made in the Franchise Disclosure Document.