Does the Fat Shack franchise agreement represent the entire agreement between the parties?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement contains the entire agreement between the parties and supersedes any and all prior agreements concerning the subject matter hereof. Franchisee agrees and understands that FSI shall not be liable or obligated for any oral representations or commitments made prior to the execution hereof or for claims of negligent or fraudulent misrepresentation and that no modifications of this Agreement shall be effective except those in writing and signed by both parties. FSI does not authorize and will not be bound by any representation of any nature other than those expressed in this Agreement. Franchisee further acknowledges and agrees that no representations have been made to it by FSI regarding projected sales volumes, market potential, revenues, profits of Franchisee's Restaurant, or operational assistance other than as stated in this Agreement or in any Franchise Disclosure Document provided by FSI or its representatives. Any policies that FSI adopts and implements from time to time are subject to change, are not a part of this Agreement, and are not binding on FSI. Nothing in this Agreement or in any related agreement is intended to disclaim any representations made by FSI in the Franchise Disclosure Document provided to Franchisee.
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, the franchise agreement contains the entire agreement between the involved parties, superseding any prior agreements related to the subject matter. Fat Shack will not be held liable or obligated for any oral representations or commitments made before the agreement's execution, including claims of negligent or fraudulent misrepresentation. Any modifications to the agreement must be in writing and signed by both parties to be effective.
Fat Shack does not authorize and will not be bound by any representation of any nature other than those expressed in the agreement. Furthermore, no representations have been made by Fat Shack regarding projected sales volumes, market potential, revenues, or profits of the franchisee's restaurant, or operational assistance, except as stated in the agreement or in any Franchise Disclosure Document provided by Fat Shack or its representatives. Any policies that Fat Shack adopts and implements are subject to change, are not part of the agreement, and are not binding on Fat Shack.
However, the agreement does not disclaim any representations made by Fat Shack in the Franchise Disclosure Document provided to the franchisee. This clause aims to provide clarity and protect both parties by ensuring that all key terms and conditions are documented in writing, reducing the potential for misunderstandings or disputes based on verbal agreements or representations not included in the official documents.