For Hck Hot Chicken, are verbal promises about costs binding if they contradict the FDD?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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and representations relating to the subject matter of this Development Agreement, are merged and are expressly and superseded by this Development Agreement, except such representations as are made in the franchise disclosure document delivered to Area Developer and any representations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 Developer, and Area
Source: Item 23 — RECEIPTS (FDD pages 55–245)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, the Area Development Agreement contains all the terms and conditions agreed upon by both parties. This means that any prior agreements, whether oral or written, are superseded by the terms outlined in the Development Agreement and the HCK Hot Chicken Brand Standards Manual.
Specifically, the FDD states that no officer, employee, or agent of Hck Hot Chicken has the authority to make any representation or promise not contained in the Development Agreement or in the franchise disclosure document delivered to the Area Developer. This provision aims to prevent franchisees from relying on verbal assurances or promises that are not documented in the official franchise documents.
For a prospective Hck Hot Chicken franchisee, this means that any verbal promises or representations made during the franchise sales process are not binding on Hck Hot Chicken if they are not included in the Development Agreement or the Franchise Disclosure Document. It is crucial for potential franchisees to ensure that all important terms and conditions, especially those related to costs, are clearly stated in these official documents. This protects both the franchisee and the franchisor by providing a clear and legally enforceable agreement.