Does the Itan Franchise Agreement intend to disclaim representations made in the Franchise Disclosure Document?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
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, the Franchise Agreement does not intend to disclaim representations made in the Franchise Disclosure Document. The document explicitly states that nothing within the agreement is designed to negate the representations made by Itan in the FDD.
Furthermore, any statements, questionnaires, or acknowledgments from the franchisee related to the franchise commencement will not waive claims under state franchise law, including those related to fraud, or disclaim reliance on statements made by Itan or its representatives. This clause is designed to override any conflicting terms in other documents associated with the franchise agreement.
This provision offers a level of protection to the franchisee, ensuring that the representations made by Itan during the pre-sale process, as documented in the FDD, remain valid and enforceable, and that franchisees cannot inadvertently waive their rights through standard documentation.