Besides the Fly Fitness Franchise Disclosure Document, are there any other representations made to the Developer that are considered part of the agreement?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
This Agreement, including all attachments, is the entire agreement of the parties, superseding all prior written or oral agreements of the parties concerning the same subject matter, and superseding all prior written or oral representations made to Developer, except the representations made to Developer in Franchisor's Franchise Disclosure Document.
No agreement of any kind relating to the matters covered by this Agreement and no amendment of the provisions hereof shall be binding upon either party unless and until the same has been made in writing and executed by all interested parties.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to the 2024 Fly Fitness Franchise Disclosure Document, the entire agreement between Fly Fitness and the developer, including all attachments, supersedes any prior agreements, whether written or oral, regarding the same subject matter. This also includes any prior written or oral representations made to the developer.
However, there is an exception: representations made to the developer in Fly Fitness's Franchise Disclosure Document are considered part of the agreement. This means that any promises, claims, or statements made within the FDD are legally binding and form part of the contractual relationship.
This clause ensures that all essential terms and conditions are consolidated into a single document, providing clarity and certainty for both parties. It also protects Fly Fitness from being bound by any unintended or unrecorded promises made during negotiations. For a prospective developer, it is crucial to carefully review the FDD and ensure that all important representations are accurately reflected within it.