What constitutes the entire agreement between the parties in the Fly To Fit franchise agreement?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
or duty to take control, over the Business. Fly To Fit Franchise has no liability for Franchisee's obligations to any third party whatsoever.
- 18.2 No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies upon any person or entity other than Franchisee, Fly To Fit Franchise, and Fly To Fit Franchise's affiliates.
- 18.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and representations. Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by Fly To Fit Franchise in its franchise disclosure document.
- 18.4 Modification. No modification or amendment of this Agreement will be effective unless it is in writing and signed by both parties.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the franchise agreement represents the entire understanding between Fly To Fit and the franchisee, superseding any previous discussions or agreements. This means that all the terms, conditions, and obligations of both parties are contained within the four corners of the franchise agreement itself.
Fly To Fit emphasizes that any statements, promises, or agreements not explicitly outlined in the franchise agreement are not binding. This provision aims to prevent misunderstandings or disputes based on verbal assurances or representations made during the franchise sales process. It also clarifies that the representations made by Fly To Fit in its franchise disclosure document are not disclaimed by the agreement.
Prospective franchisees should carefully review the entire franchise agreement and the franchise disclosure document before signing. It is crucial to ensure that all material terms and conditions are clearly stated in these documents. If there are any discrepancies or concerns, franchisees should seek clarification from Fly To Fit and obtain written confirmation to avoid future disputes. Franchisees acknowledge that they are not relying on any statement, promise, claim, or representation not expressly set forth in the Agreement or in the Disclosure Document.