Does the Monicals Pizza franchise agreement disclaim the representations made by the franchisor in the Franchise Disclosure Document furnished to the franchisee?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee represents and acknowledges that it has not received or relied on any guarantee, express or implied, as to the revenues, profits or likelihood of success of the Franchised Restaurant. Franchisee acknowledges and agrees that there have been no representations by Franchisor or anyone on behalf of Franchisor that are not contained in, or are inconsistent with, the statements made in the Franchise Disclosure Document and this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to the 2025 Monicals Pizza Franchise Disclosure Document, the franchise agreement addresses representations made by the franchisor. Specifically, it states that the franchisee acknowledges and agrees that they have not relied on any representations by Monicals Pizza or anyone on their behalf that are not contained in, or are inconsistent with, the statements made in the Franchise Disclosure Document and the Franchise Agreement. This clause aims to limit Monicals Pizza's liability to only what is explicitly written in these two documents.
This means that any verbal promises or assurances made by Monicals Pizza representatives during the franchise sales process that are not documented in the FDD or Franchise Agreement are not binding. A prospective franchisee should ensure that all important representations are included in these documents before signing.
This type of clause is common in franchise agreements to provide clarity and protect the franchisor from potential misunderstandings or misinterpretations of information provided during the sales process. It reinforces the importance of carefully reviewing the FDD and Franchise Agreement and seeking legal counsel to fully understand the terms and conditions before investing in a Monicals Pizza franchise.