Are any promises outside of the Fitstop Franchise Agreement (including the Manual(s)) enforceable?

According to Fitstop's 2024 Franchise Disclosure Document, the enforceability of promises outside the franchise agreement is limited. The franchise agreement, including the manuals, constitutes the entire agreement between the parties. Only the terms outlined in the agreement and manuals are considered binding, subject to state law. Any other promises made outside of these documents may not be enforceable.

This means that a prospective Fitstop franchisee should ensure that all material terms, conditions, and representations are explicitly included in the franchise agreement or its associated manuals. Verbal promises or assurances from Fitstop representatives that are not documented in writing within the agreement may not be legally binding. This protects both the franchisee and Fitstop by ensuring clarity and mutual understanding of the agreed-upon terms.

It is a common practice in franchising to have an integration clause stating that the written agreement represents the entire agreement between the parties. This is intended to prevent disputes based on alleged promises or representations made during the negotiation process that are not reflected in the final written contract. Therefore, a potential Fitstop franchisee should carefully review the franchise agreement and seek legal counsel to ensure that all important aspects of the agreement are clearly documented and understood.