What is the consequence if a Fitstop franchisee does not reduce representations to writing and attach them to the agreement?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.3 You acknowledge that neither we nor anyone purporting to act for us has made any promises or representations concerning the sales volumes which your Franchise will produce, the profits you will make, your likelihood of success, or any other matter in connection with the proposed Franchise other than those which the Parties set forth in this Agreement and any signed amendments or exhibits or schedules hereto. If we or any of our agents have made such promises, you must ensure that they are set forth in writing in this Agreement or in an amendment, schedule, or exhibit to this Agreement and that we and you sign any such amendment or exhibit. We, in granting this Franchise, are relying on you to see that the Parties reduce to writing all such matters and attach the documentation that describes those representations to this Agreement and to which you considered material to your solicitation. If you do not reduce such representations to writing and attach those documents to this Agreement, you agree that you will not be able to rely in any way on such promises or representations and we will not be bound by them. YOU MUST ENSURE THAT ALL PROMISES AND REPRESENTATIONS FOR PRESENT AND FUTURE RESULTS AND RIGHTS, WHETHER ABSOLUTE OR CONTINGENT, ARE CONTAINED IN THE FRANCHISE AGREEMENT OR THEY MAY BE FOREVER LOST.
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, if any promises or representations are made that are not written into the agreement or attached as signed amendments, schedules, or exhibits, the franchisee cannot rely on those promises, and Fitstop will not be bound by them. It is the franchisee's responsibility to ensure all material promises are documented and attached to the agreement.
This means that any verbal agreements or assurances made during the franchise sales process are not enforceable unless they are formally included in the written contract. This protects Fitstop from claims based on undocumented statements.
For a prospective Fitstop franchisee, this underscores the importance of documenting all discussions and understandings in writing before signing the Franchise Agreement. Any promises regarding sales volumes, profits, or success likelihood must be included as signed amendments to the agreement to be considered valid and binding. Failure to do so could result in the franchisee losing the ability to hold Fitstop accountable for those representations. The FDD explicitly warns that any promises not contained within the Franchise Agreement may be "forever lost."