Besides the Disclosure Document, what other representations induced the Franchisee to execute the Jersey Mikes agreement?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement (including the Summary of Acknowledgments) constitutes the entire, full, and complete agreement between Franchisor and Developer concerning the subject matter of this Agreement, and supersedes all prior agreements. No amendment, change, or variance from this Agreement shall be binding on either party unless mutually agreed to by the parties and signed by themselves or their authorized officers or agents in writing. With the exception of the Disclosure Document described in Section 23.2, no other representation has induced Developer to execute this Agreement, and there are no representations, inducements, promises, or agreements oral or otherwise, between the parties not embodied in this Agreement, which are of any force or effect with reference to this Agreement or otherwise. Nothing in this Agreement or in a ny related agreement, however, is intended to disclaim the r epresentations Company made in the Disclosure Document that Company furnished to Developer.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to the 2025 Jersey Mikes Franchise Disclosure Document, the franchise agreement, including the Summary of Acknowledgments, constitutes the entire agreement between Jersey Mikes and the franchisee. This agreement supersedes all prior agreements. Jersey Mikes states that with the exception of the Disclosure Document described in Section 23.2, no other representation has induced the franchisee to execute the agreement.
Jersey Mikes emphasizes that no other representations, inducements, promises, or agreements, whether oral or otherwise, that are not included in the agreement have any force or effect. However, the agreement does not disclaim the representations Jersey Mikes made in the Disclosure Document provided to the franchisee.
This clause aims to limit Jersey Mikes's liability by ensuring that only the terms written in the franchise agreement and the Disclosure Document are binding. It prevents franchisees from claiming they were induced to sign the agreement based on promises or representations not explicitly stated in those documents. Prospective franchisees should carefully review both the franchise agreement and the Disclosure Document and seek legal counsel to understand the full scope of their obligations and rights.