What does the Fitstop Franchise Agreement supersede?
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.
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 understanding between Fitstop and the franchisee. Specifically, the agreement takes precedence over any previous agreements or discussions, whether they were communicated verbally or in writing. This means that any promises, assurances, or understandings that are not explicitly included in the final, signed Franchise Agreement are not binding on either party.
However, the Fitstop Franchise Agreement does not disclaim the representations made in the Franchise Disclosure Document (FDD) that was furnished to the franchisee. This is an important distinction, as the FDD contains critical information about the franchise opportunity, including fees, obligations, and financial performance representations. Franchisees can rely on the information presented in the FDD, even if it is not reiterated in the Franchise Agreement itself.
It is important for prospective Fitstop franchisees to carefully review the entire Franchise Agreement and the FDD before signing any documents. Any terms or conditions that are important to the franchisee should be explicitly included in the Franchise Agreement or in a signed amendment to ensure they are legally binding. This protects both Fitstop and the franchisee by ensuring a clear and comprehensive understanding of the franchise relationship.