Does the Fly Fitness franchise agreement supersede prior oral agreements?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee (or developer) in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the franchise agreement takes precedence over any prior agreements. Specifically, the Acknowledgment Statement includes a provision stating that no prior statement, questionnaire, or acknowledgment can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on franchisor statements. This clause explicitly overrides any conflicting terms in other documents related to the franchise agreement.
This means that any promises or representations made by Fly Fitness during the franchise sales process are subject to scrutiny under applicable franchise laws, and the franchisee's right to claim fraud or misrepresentation cannot be waived by preliminary documents. This protects the franchisee from being bound by potentially misleading pre-contractual statements.
This type of clause is relatively common in franchise agreements to ensure compliance with franchise laws and protect franchisees' rights. Prospective Fly Fitness franchisees should carefully review all documents and statements made during the sales process and ensure that any concerns or discrepancies are addressed in writing before signing the franchise agreement.