Are attachments considered part of the Itan franchise agreement?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
The attachment(s) are part of this Agreement, which together with any Amendments or Addenda executed on or after the Effective Date constitutes the entire understanding and agreement of the parties.
There are no other oral or written understandings or agreements between the parties about the subject matter of this Agreement. Any representations not specifically contained in this Agreement made before entering into this Agreement do not survive after the signing of this Agreement. Nothing in this Agreement is intended to disclaim any of the representations we made in the Franchise Disclosure Document. No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (a) waiving any claims under any applicable state franchise law, including fraud in the inducement or (b) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, attachments are considered part of the franchise agreement. The FDD specifies that the attachments, along with any amendments or addenda executed after the effective date, constitute the entire understanding and agreement between Itan and the franchisee. This means that franchisees are bound by the terms and conditions outlined in these attachments.
Several attachments are referenced in the FDD, including Attachment "G" which is a Confidentiality Agreement, Attachment "D" which is a Franchise Owner Agreement, Attachment "F" which is a Brand Protection Agreement, and Attachment A which relates to the description of premises for a Conversion Addendum. These attachments cover critical aspects of the franchise relationship, such as confidentiality, brand protection, and specific obligations related to converting an existing business to an Itan salon.
It is important for prospective Itan franchisees to carefully review all attachments, addenda, and amendments to the franchise agreement. Since these documents are legally binding, franchisees must understand their rights and obligations as outlined in these attachments. Any representations not specifically contained within the agreement, including its attachments, are not considered binding after the agreement is signed, so franchisees should ensure all important terms are included in writing.