What is the franchisee acknowledging regarding reliance on statements outside the agreement and Disclosure Document when signing the Fly To Fit agreement?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
(7) Franchisee understands that this Agreement contains the entire agreement between Fly To Fit Franchise and Franchisee concerning the Fly To Fit franchise, which means that any oral or written statements not set out in this Agreement will not be binding. In deciding to enter into this Agreement, Franchisee is not relying on any statement, promise, claim, or representation not expressly set forth in this Agreement or in the Disclosure Document.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, a franchisee acknowledges several key points regarding information and representations made during the franchise sales process. Specifically, the franchisee confirms that they are not relying on any statements, promises, claims, or representations that are not expressly written in the Franchise Agreement or the Franchise Disclosure Document (FDD) itself. This acknowledgement is made by the franchisee when signing the agreement.
This provision is designed to protect Fly To Fit from potential misunderstandings or disputes arising from verbal or written claims made by its representatives that are not formally documented. It reinforces that the FDD and the Franchise Agreement are the definitive sources of information and obligations for both parties. This means that if a Fly To Fit representative makes a promise about support services or earnings potential that isn't written in either of those documents, the franchisee cannot later claim they were relying on that promise.
For a prospective Fly To Fit franchisee, this underscores the importance of carefully reviewing the entire FDD and Franchise Agreement before signing. Any expectations or understandings should be confirmed in writing within these documents. It also highlights the need to seek legal counsel to review these documents and clarify any ambiguities or concerns before committing to the franchise. This acknowledgement is a common clause in franchise agreements across various industries, intended to ensure clarity and prevent future disputes based on undocumented claims.