Besides the Fitstop Franchise Agreement, what other document's terms are binding?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
f Franchise Agreement**
- 20.1 The submission of this Agreement does not constitute an offer to license. This Agreement shall not be binding on us unless and until it has been fully executed by all of your principals and it has been counter-executed by an officer of us.
- 20.2 This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous, oral or written, agreements or understandings of the parties. Nothing in this Agreement or in any related agreement, however, is intended to disclaim the representations made in the Franchise Disclosure Document furnished to Franchisee. Only the terms of this Agreement (including the Manual(s)) are binding (subject to state law). Any other promises may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, in addition to the Franchise Agreement, the terms outlined in the Manuals are also binding. Specifically, the FDD states that only the terms of the Franchise Agreement, including the Manuals, are binding, subject to state law. This means that Fitstop franchisees must adhere to the guidelines, procedures, and standards detailed in the Manuals, as these are considered part of the contractual obligations.
The Manuals likely contain detailed operational instructions, brand standards, marketing guidelines, and other essential information for running the Fitstop franchise. Franchisees should carefully review the Manuals to understand their obligations and ensure compliance with Fitstop's system. Changes to the system may occur via the manuals or other prior written notice.
It is important for prospective franchisees to understand the contents of the Manuals before signing the Franchise Agreement, as these documents will govern many aspects of their business operations. Any deviations from the Manuals could potentially lead to breaches of the Franchise Agreement. Franchisees should also be aware that the Manuals may be updated or modified by Fitstop from time to time, and they will be responsible for staying informed of any changes.