What do Franchisee and Franchisee's Principal(s) acknowledge regarding promises or representations made to secure the execution of the Fly Fitness General Release?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- (d) Franchisee and Franchisee's Principal(s) acknowledge, warrant, and represent that no promises, representations, or inducements, except as set forth in this General Release, have been offered or made by any Franchisor Released Party to secure the execution of this General Release, and that this General Release is executed without reliance on any statements, or any representations not contained herein.
Franchisee and Franchisee's Principal(s) knowingly waive (1) any claim that this General Release was induced by any misrepresentation or nondisclosure, and (2) any right to rescind or avoid this General Release based upon presently existing facts, known or unknown.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the franchisee and their principals acknowledge that, aside from what is explicitly stated in the General Release, no promises, representations, or inducements were offered or made by any Fly Fitness released party to secure the execution of the General Release. They also confirm that the General Release is executed without reliance on any statements or representations not contained within it.
Furthermore, the franchisee and their principals knowingly waive any claim that the General Release was induced by misrepresentation or nondisclosure. They also waive any right to rescind or avoid the General Release based upon presently existing facts, whether known or unknown.
This acknowledgement is a standard legal protection for the franchisor, Fly Fitness. It aims to prevent franchisees from later claiming they were misled or coerced into signing the release. By signing, franchisees confirm they understand the terms and are not relying on any external promises. This type of clause is common in franchise agreements to ensure both parties are clear about their obligations and rights at the time of signing.