Is Fitstop responsible or obligated to the franchisee or the Franchised Business in any manner, except as specifically provided in the 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, Fitstop makes it clear 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 as explicitly stated in the Franchise Agreement and any signed amendments, exhibits, or schedules.
Fitstop emphasizes that if any such promises were made, the franchisee must ensure they are documented in writing within the Franchise Agreement or its associated documents and signed by both parties. Fitstop, in granting the franchise, relies on the franchisee to ensure all relevant matters are written down and attached to the agreement.
The document warns that if such representations are not put in writing and attached to the agreement, the franchisee cannot rely on them, and Fitstop will not be bound by them. The agreement explicitly states that all promises and representations for present and future results and rights must be contained in the Franchise Agreement to be valid.