What does Itan require you to represent regarding conflicts with existing agreements?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.1. Corporate Representations. You and your Owners jointly and severally represent and warrant to us that the execution and delivery of this Agreement, and the performance of your obligations hereunder, does not: (a) conflict with, breach or constitute a default under any agreement to which you are (or any affiliate of yours is) a party or by which your (or your affiliate's) assets are bound; (b) violate any order, injunction, decree, judgment or ruling of a Governmental Authority; or (c) violate any applicable Law.
The foregoing representations and warranties are 'continuing' representations and warranties for the duration of the franchise relationship.
Accordingly, you must immediately notify us of the occurrence of an event or development of a circumstance that might render any of the foregoing representations and warranties false, inaccurate or misleading.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, as a franchisee, you and your owners must represent that entering into the Franchise Agreement and fulfilling your obligations does not conflict with any existing agreements you or your affiliates are part of, or that bind your or your affiliate's assets. This representation also extends to ensuring that the agreement does not violate any governmental authority's orders, injunctions, decrees, judgments, or rulings, or any applicable laws.
For a prospective Itan franchisee, this means you need to carefully review all existing contracts and legal obligations to ensure there are no conflicts before signing the Franchise Agreement. This includes business agreements, leases, and any court orders or legal judgments. Failure to do so could result in legal complications and potential breaches of other agreements.
It is important to note that these representations are 'continuing' for the duration of the franchise relationship. Therefore, you must immediately inform Itan of any event or circumstance that could make these representations false, inaccurate, or misleading. This ongoing obligation highlights the importance of maintaining compliance and transparency throughout your time as an Itan franchisee.