What should a prospective Fitstop franchisee do if they receive promises or representations not included in the Franchise Agreement?
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 must ensure that all promises or representations are included in the Franchise Agreement. Fitstop states that neither they nor anyone acting for them has made any promises or representations concerning sales volumes, profits, likelihood of success, or any other matter related to the franchise, except those explicitly stated in the agreement, its amendments, exhibits, or schedules.
To protect themselves, Fitstop requires that if any such promises have been made, the franchisee must ensure they are documented in writing within the Franchise Agreement or its associated documents. Both the franchisee and Fitstop must sign any amendment or exhibit containing these promises. Fitstop relies on the franchisee to ensure all relevant matters are written and attached to the agreement.
If a prospective Fitstop franchisee fails to document these representations in writing and attach them to the agreement, they agree that they cannot rely on those promises or representations, and Fitstop will not be bound by them. The FDD emphasizes that all promises and representations for present and future results and rights must be included in the Franchise Agreement to be valid and enforceable.