Does the Fitstop Franchise Agreement have corresponding exhibits?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
Our franchise offering is for the right to independently own and operate a franchised System Business that is authorized to offer, sell and/or provide the Approved Services and Approved Products utilizing our thencurrent (a) system of operations developed by us, our parent and our affiliates (the "System"), and (b) Proprietary Marks, pursuant to our current form of franchise agreement attached to this Disclosure Document as Exhibit A (the "Franchise Agreement").
We have identified our agents for service of process in various states in Exhibit E.
The last pages of this Franchise Disclosure Document, Exhibit J, are a detachable document, in duplicate. Please detach, sign, date and return one (1) copy of the Receipt to us, acknowledging you received this Franchise Disclosure Document.
This Agreement awards the right to open a single Franchised Business within the Designated Territory detailed in Schedule 2 to this Agreement and, except for the territorial rights descirbed
The Premises, once approved by us and secured by you, will be set forth in the Data Sheet attached as Schedule 1 to this Agreement (the "Data Sheet").
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.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the franchise agreement does have corresponding exhibits. Item 1 references that the current form of the franchise agreement is attached to the Disclosure Document as Exhibit A. Additionally, Item 1 states that Fitstop has identified its agents for service of process in various states in Exhibit E. Item 23 refers to Exhibit J as a detachable document in duplicate, located at the end of the Franchise Disclosure Document, which must be signed, dated, and returned to acknowledge receipt of the document.
Furthermore, Section 2 of the Franchise Agreement mentions that the premises approved by Fitstop and secured by the franchisee will be detailed in the Data Sheet attached as Schedule 1 to the agreement. The designated territory for the franchise is described in Schedule 2 to the agreement. These schedules provide specific details regarding the location and territorial rights granted to the franchisee.
Finally, Section 21.3 states that any promises or representations made by Fitstop must be set forth in writing in the agreement or in signed amendments, exhibits, or schedules. This clause emphasizes the importance of documenting all agreements and representations in writing to ensure they are legally binding. This protects both Fitstop and the franchisee by ensuring clarity and preventing misunderstandings regarding the terms of the franchise agreement.