What is the Fitstop franchisee representing about reading and understanding all obligations?
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, a prospective franchisee acknowledges that Fitstop has not made any promises or representations about potential sales volumes, profits, or likelihood of success, except as explicitly stated in the Franchise Agreement and its associated documents.
Fitstop emphasizes that if any promises were made, the franchisee must ensure they are documented in writing within the agreement or its amendments, schedules, or exhibits, with both parties signing the documentation. Fitstop is relying on the franchisee to ensure all such matters are written and attached to the agreement if they are considered material to the franchisee's decision.
The document makes it clear that if such representations are not documented and attached to the agreement, the franchisee cannot rely on them, and Fitstop will not be bound by them. The agreement stresses that all promises and representations regarding present and future results and rights must be included in the Franchise Agreement to be valid.