What representations are not disclaimed by the Fitstop agreement or related agreements?
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 and related documents do not disclaim the representations made in the Franchise Disclosure Document (FDD) that was furnished to the franchisee. This means that Fitstop is still held accountable for the information provided within the FDD itself.
This is a standard clause in franchise agreements. The FDD contains important information about the franchise system, including fees, costs, obligations, and the background of the franchisor. By explicitly stating that the representations in the FDD are not disclaimed, Fitstop assures potential franchisees that they can rely on the information provided in that document when making their investment decision.
However, the agreement also states that only the terms of the Franchise Agreement (including the manuals) are binding, subject to state law. Any other promises may not be enforceable. This highlights the importance of ensuring that all material terms and representations are included within the franchise agreement itself, as verbal promises or representations outside of these documents may not be legally binding. Prospective franchisees should carefully review the FDD and the franchise agreement with legal counsel to fully understand their rights and obligations.