Are prior agreements superseded by the Hck Hot Chicken Development Agreement?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.9 Entire Agreement.
This Development Agreement and the HCK Hot Chicken Brand Standards Manual contain all the terms and conditions agreed upon by the parties with reference to the subject matter of this Development Agreement.
No other agreements concerning the subject matter of this Development Agreement, oral or otherwise, shall be deemed to exist or to bind any of the parties.
All prior or contemporaneous agreements, understandings and representations relating to the subject matter of this Development Agreement, are merged and are expressly and superseded by this Development Agreement, except such representations as are made in the franchise disclosure document delivered to Area Developer and any representations made by Area Developer in acquiring this Development Agreement.
Nothing in this Development Agreement or any related agreement is intended to disclaim the representations made by Franchisor in the franchise disclosure document delivered to Area Developer.
No officer or employee or agent of Franchisor has any authority to make any representation or promise not contained in this Development Agreement or in the franchise disclosure document delivered to Area
Source: Item 23 — RECEIPTS (FDD pages 55–245)
What This Means (2025 FDD)
According to the 2025 Hck Hot Chicken Franchise Disclosure Document, the Development Agreement contains the entire agreement between the involved parties. All prior agreements are superseded by the Hck Hot Chicken Development Agreement. However, any representations made in the franchise disclosure document delivered to the Area Developer, and any representations made by the Area Developer in acquiring the Development Agreement, are exceptions.
This means that any previous discussions, promises, or agreements made before signing the Development Agreement are not legally binding, with the exception of statements made in the FDD itself. This clause ensures that the written Development Agreement is the final and complete expression of the agreement.
For a prospective Hck Hot Chicken area developer, this clause emphasizes the importance of carefully reviewing the Development Agreement and the franchise disclosure document before signing. It also means that any verbal promises or assurances from the franchisor's representatives that are not written in the Development Agreement or the FDD may not be enforceable. The prospective franchisee should ensure that all important terms and conditions are included in writing in the agreement.