Does the Face Foundrie franchise agreement supersede prior discussions?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
| Yes | No | 10. Do you understand that the only radius restriction concerning where another |
|---|---|---|
| franchised or company Facial Bar may open is the limited protected territory | ||
| specified in your Franchise Agreement? | ||
| Yes | No | 11. Do you understand that most disputes or claims you may have arising out of or |
| relating to the Franchise Agreement must be litigated in the federal and state | ||
| courts located in the district of our principal executive office, or arbitrated at the | ||
| office of the American Arbitration Association closest to the location of our | ||
| principal executive office? | ||
| Yes | No | 12. Do you understand that you or your Operating Partner must satisfactorily |
| complete our initial training course before we will allow your Facial Bar to open? | ||
| Yes | No | 13. Has any employee or other person speaking on our behalf, including any broker, |
| made any statement or promise regarding the costs involved in operating a Face | ||
| Foundrié franchise that is not contained in the Disclosure Document or that is | ||
| contrary to, or different from, the information contained in the Disclosure | ||
| Document? | ||
| Yes | No | 14. Has any employee or other person speaking on our behalf, including any broker, |
| made any statement or promise or agreement, other than those matters addressed | ||
| in the Franchise Agreement, concerning advertising, marketing, media support, | ||
| marketing penetration, training, support service or assistance that is contrary to, | ||
| or different from, the information contained in the Disclosure Document? | ||
| Yes | No | 15. Has any employee or other person speaking on our behalf, including any broker, |
| made any statement or promise regarding the actual, average or projected profits | ||
| or earnings, the likelihood of success, the amount of money you may earn, or the | ||
| total amount of revenue Face Foundrié franchise will generate, that is not | ||
| contained in the Disclosure Document or that is contrary to, or different from, | ||
| the information contained in the Disclosure Document? | ||
| Yes | No | 16. Do you understand that the Franchise Agreement contain the entire agreement |
| between us and you concerning the franchise for the Facial Bar, meaning any prior | ||
| oral or written statements not set out in the Franchise Agreement will not be | ||
| binding? |
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 constitutes the entire agreement between the franchisee and Face Foundrie, meaning that any prior oral or written statements not included in the Franchise Agreement are not binding. This is confirmed in the Franchisee Acknowledgement form, where prospective franchisees must confirm their understanding that the Franchise Agreement is the complete agreement.
This clause is included to prevent misunderstandings or disputes based on claims that were not formally documented in the agreement. It protects Face Foundrie from franchisees claiming reliance on promises or representations made during the sales process that are not actually part of the contractual obligations. It also encourages franchisees to thoroughly review the FDD and Franchise Agreement with professional advisors to ensure they understand all terms and conditions before signing.
For a prospective Face Foundrie franchisee, this means that all discussions, promises, and representations made during the franchise sales process are non-binding unless they are explicitly included in the Franchise Agreement. It is crucial to ensure that any important terms or conditions discussed are incorporated into the final agreement before signing. If there are discrepancies between what was discussed and what is written in the agreement, the franchisee should seek clarification and request that the agreement be amended to reflect the correct understanding.
This type of clause is standard in franchise agreements across various industries. Franchisees should always rely on the written agreement and seek legal counsel to review the document before signing to protect their interests and ensure a clear understanding of their rights and obligations.