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Are representations or promises outside of the Fly To Fit disclosure document and franchise agreement enforceable?

Fly_To_Fit Franchise · 2024 FDD

Answer from 2024 FDD Document

Provision Section in franchise or other agreement Summary
t. Integration/merger clause FA: § 18.3 MUDA: § 7 Only the terms of the agreement are binding (subject to state law). Any representations or promises outside of the disclosure document and franchise agreement (or MUDA) may not be enforceable. However, no claim made in any franchise agreement (or MUDA) is intended to disclaim the express representations made in this Disclosure Document.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 35–39)

What This Means (2024 FDD)

According to Fly To Fit's 2024 Franchise Disclosure Document, the franchise agreement contains an integration clause. This means that only the terms written within the franchise agreement are legally binding on both Fly To Fit and the franchisee (subject to state law).

Specifically, any verbal or written promises, assurances, or representations made outside of the official Fly To Fit disclosure document and the franchise agreement itself may not be enforceable. This protects Fly To Fit from claims based on informal discussions or marketing materials that are not formally incorporated into the agreement. However, the franchise agreement is not intended to disclaim the express representations made in the Disclosure Document.

This type of clause is standard in franchise agreements to provide clarity and prevent disputes based on misunderstandings or undocumented claims. A prospective Fly To Fit franchisee should ensure that all important terms and conditions are included in the written agreements before signing. It is crucial to rely on the written contract rather than any verbal promises during the franchise sales process.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.