What representation does Fitstop make regarding franchisee negotiation of the agreement?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.7 You hereby represent that you have received a copy of this Agreement and our current form of Applicable FDD, have read and understand all obligations being undertaken, and have had an opportunity to consult with an attorney with respect thereto at least 14 calendar days prior to execution.
You agree and affirm that we have not represented you in negotiating this Agreement and that you enter into this Agreement freely, without duress or coercion, and based on your own judgment and wishes.
- 21.8 The Franchise and other rights offered and awarded under this Agreement is being offered solely to you (as the Franchisee hereunder) based on the rep
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the franchisee acknowledges that Fitstop has not represented them in negotiating the Franchise Agreement. The franchisee enters into the agreement freely, without any form of duress or coercion, and bases the decision on their own judgment and wishes.
Fitstop emphasizes that the Franchise Agreement contains all the terms, conditions, and obligations of both parties concerning the franchise grant. It also supersedes any prior agreements or representations related to the franchise rights and franchised business. This means that any discussions or understandings that are not written into the agreement itself are not binding.
Furthermore, the document highlights the importance of the franchisee consulting with an attorney before signing the agreement. It states that the franchisee should have the opportunity to consult with an attorney at least 14 calendar days before executing the agreement. This consultation is to ensure that the franchisee fully understands all the obligations they are undertaking.
Fitstop also states that the franchise is offered solely to the franchisee based on their representations and qualifications. This underscores the individualized nature of the franchise award and the reliance Fitstop places on the franchisee's capabilities.