Are Kitchen Solvers franchisees entering the agreement based on representations made by shareholders, officers, directors, employees, agents, representatives, independent contractors or franchisees?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that you are entering into this Agreement as a result of your own independent investigation of the KITCHEN SOLVERS franchise program and not as a result of any representation about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors or franchisees that is contrary to the terms identified in this Agreement or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, franchisees acknowledge that they are entering into the Franchise Agreement as a result of their own independent investigation of the Kitchen Solvers franchise program. This means that Kitchen Solvers franchisees should not rely on any representations made by the franchisor's shareholders, officers, directors, employees, agents, representatives, independent contractors, or other franchisees if those representations contradict the terms outlined in the Franchise Agreement or any disclosure document required by law.
This acknowledgement is a standard clause in franchise agreements. It aims to protect Kitchen Solvers from potential legal claims based on verbal promises or representations that are not documented in the FDD or the Franchise Agreement. Prospective franchisees should conduct thorough due diligence, including reviewing the FDD, consulting with existing franchisees, and seeking professional advice, to make an informed decision.
The Franchisee Acknowledgment/Compliance Certification included in the FDD further emphasizes this point. This certification requires franchisees to confirm whether any unauthorized or untrue statements or promises were made to them during the franchise sales process. By signing this certification, franchisees represent that they have carefully considered each question and responded truthfully, acknowledging the importance of their answers to Kitchen Solvers.
It is important to note that the Franchisee Acknowledgment/Compliance Certification includes a disclaimer stating that such representations are not intended to act as a release, estoppel, or waiver of any liability incurred under the Illinois Franchise Disclosure Act or the Maryland Franchise Registration and Disclosure Law. This disclaimer ensures that franchisees in these states retain their legal rights and protections under state franchise laws, regardless of the representations made during the franchise sales process.