Does the Marble Slab Creamery agreement contain the entire understanding of the parties?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and the Exhibits incorporated herein contain all of the terms and conditions agreed upon by the parties hereto concerning the subject matter hereof. No other agreements concerning the subject matter hereof, written or oral, shall be deemed to exist or to bind any of the parties hereto and all prior agreements, understandings and representations, are merged herein and superseded hereby. Except as set forth in the Franchise Disclosure Document, Applicant represents that there are no contemporaneous agreements or understandings between the parties relating to the subject matter of this Agreement that are not contained herein. No officer or employee or agent of Franchisor has any authority to make any representation or promise not included in this Agreement or any Franchise Disclosure Document for prospective franchisees required by Applicable Law, and
Applicant agrees that it has executed this Agreement without reliance upon any such representation or promise. This Agreement cannot be modified or changed except by written instrument signed by all of the parties hereto. Notwithstanding the foregoing, nothing in this or any related Agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, the franchise agreement and its incorporated exhibits encompass all agreed-upon terms and conditions concerning the agreement's subject matter. No other written or oral agreements are deemed to exist or bind the parties, as all prior agreements, understandings, and representations are integrated into and superseded by the franchise agreement.
Marble Slab Creamery states that, except as outlined in the Franchise Disclosure Document, there are no concurrent agreements or understandings between the parties related to the agreement's subject matter that are not included within the agreement itself. The company emphasizes that no officer, employee, or agent of Marble Slab Creamery has the authority to make any representation or promise not included in the agreement or any Franchise Disclosure Document required by applicable law for prospective franchisees.
Marble Slab Creamery specifies that the franchisee acknowledges having executed the agreement without relying on any representation or promise not explicitly included in the agreement. Furthermore, the agreement can only be modified or changed through a written instrument signed by all parties involved. However, the document clarifies that nothing within the agreement or any related agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits, and amendments.