Does the Fly To Fit franchise agreement disclaim representations made by Fly To Fit Franchise in its franchise disclosure document?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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 the 2024 Fly To Fit Franchise Disclosure Document, the franchise agreement does not disclaim representations made by Fly To Fit in its franchise disclosure document. Specifically, the agreement states that nothing within it or any related agreement is intended to disclaim the representations made by Fly To Fit in its FDD. This means that Fly To Fit is legally bound by the statements and information provided in the FDD.
However, the franchise agreement includes an acknowledgement by the franchisee that they are not relying on any statements or promises made by Fly To Fit that are not expressly set forth in the agreement or in the Disclosure Document. This acknowledgement is further reinforced by the franchisee's certification that no one acting on Fly To Fit's behalf made any statements or promises regarding costs, profits, or other aspects of the franchise that contradict the information in the Disclosure Document.
In essence, while Fly To Fit cannot disclaim the representations within its FDD, it emphasizes that the written agreements (the Franchise Agreement and the FDD itself) are the complete and final word. This is a common practice in franchising to ensure clarity and prevent misunderstandings based on verbal or informal communications during the sales process. A prospective Fly To Fit franchisee should carefully review both the franchise agreement and the FDD, and seek legal counsel to understand their rights and obligations.