What does the Marble Slab Creamery agreement supersede regarding prior agreements?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- ENTIRE AGREEMENT AND MODIFICATION. This Agreement and all documents and agreements referred to in this Agreement supersede all prior understandings, agreements and discussions between the parties concerning this subject matter, with such prior understandings, agreements and discussions between the parties being merged into this Agreement, and constitute the entire agreement between the parties with regard to this subject matter. The parties have not relied upon any promises, representations, warranties, agreements, covenants or undertakings, other than those expressly set forth or referred to herein. No amendment, change, waiver or discharge hereof shall be valid unless in writing and signed by the party against whom enforcement is sought.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, the franchise agreement represents the entire agreement between the involved parties. The agreement, along with all documents and agreements referred to within it, takes precedence over any prior understandings, agreements, and discussions related to the subject matter. These prior understandings are merged into the current agreement.
Marble Slab Creamery emphasizes that the parties involved have not relied on any promises, representations, warranties, agreements, covenants, or undertakings outside of what is explicitly stated or referenced in the agreement. This clause aims to provide clarity and prevent disputes based on claims of prior agreements or understandings that are not documented in the current franchise agreement.
This aspect of the agreement is typical in franchising, as it ensures that all obligations and rights are clearly defined within the written contract, reducing ambiguity and potential for future disagreements. A prospective Marble Slab Creamery franchisee should carefully review the entire agreement and all referenced documents to fully understand their rights and obligations, as these documents will govern the relationship between the franchisee and franchisor.