What documents contain all the terms, conditions, and obligations of the parties regarding the Fitstop franchise?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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, the franchise agreement represents the entire agreement between both parties, superseding any prior agreements made orally or in writing. The terms outlined in the agreement, including the manuals, are legally binding, subject to state law. Any other promises or representations that are not included in the agreement may not be enforceable.
Specifically, Fitstop emphasizes that neither they nor anyone acting on their behalf has made any promises or representations concerning potential sales volumes, profits, likelihood of success, or any other matter related to the franchise, except as explicitly stated in the franchise agreement, its amendments, exhibits, or schedules. If such promises have been made, it is the franchisee's responsibility to ensure they are documented in writing within the agreement or its associated documents and signed by both parties.
Fitstop relies on the franchisee to ensure that all relevant matters are documented in writing and attached to the agreement. Failure to do so means the franchisee may not be able to rely on those promises or representations, and Fitstop will not be bound by them. The document stresses that all promises and representations for present and future results and rights must be contained in the franchise agreement to be valid.