Are representations made in the Fitstop Franchise Disclosure Document disclaimed by the Franchise Agreement?

According to Fitstop's 2024 Franchise Disclosure Document, the Franchise Agreement does not intend to disclaim the representations made within the Franchise Disclosure Document (FDD). Specifically, the agreement emphasizes that nothing within it or any related agreement is designed to negate the representations made in the FDD, provided the FDD was disclosed to the franchisee before the execution of the Franchise Agreement.

This provision protects the franchisee by ensuring that Fitstop cannot later deny or contradict information presented in the FDD. The FDD serves as a crucial document outlining important details about the franchise opportunity, and this clause reinforces its validity.

However, the Franchise Agreement also stipulates that any promises or representations made outside of the Franchise Agreement and its amendments must be put in writing and attached to the agreement to be considered binding. This means that if a Fitstop representative makes verbal promises or representations, the franchisee must ensure these are documented and included in the Franchise Agreement to be enforceable. This requirement places a responsibility on the franchisee to verify and document all relevant information to protect their interests.

Moreover, certain state laws, such as those in California, further protect franchisees by prohibiting Fitstop from disclaiming or denying representations made to a prospective franchisee or their reliance on those representations. These laws reinforce the importance of the FDD and other related documents in providing accurate and reliable information to potential franchisees.