Does the Monicals Pizza franchise agreement require the franchisee to acknowledge they received the Franchise Disclosure Document, as indicated in Section 24.1?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
24.2 Consultation by Franchisee
Franchisee represents that it has been urged to consult with its own advisors with respect to the legal, financial and other aspects of this Agreement, the business franchised hereby and the prospects for such business. Franchisee represents that it has either consulted with such advisors or has deliberately declined to do so.
24.3 True and Accurate Information
Franchisee represents that all information set forth in any and all applications, financial statements and submissions to Franchisor is true, complete and accurate in all respects, and Franchisee acknowledges that Franchisor is relying upon the truthfulness, completeness and accuracy of such information.
24.4 No Violation of Other Agreements
Franchisee represents that its execution of this Agreement will not violate any other agreement or commitment to which Franchisee or any holder of a legal or beneficial interest in Franchisee is a party.
24.5 Risk
Franchisee represents that it has conducted an independent investigation of the business contemplated by this Agreement and acknowledges that, like any other business, an investment in a Monical's Restaurant involves business risks and that the success of the venture is dependent, among other factors, upon the business abilities and efforts of Franchisee. Franchisor makes no representations or warranties, express or implied, in this Agreement or otherwise, as to the potential success of the business venture contemplated hereby.
24.6 No Guarantee of Success
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)
Based on the 2025 Monicals Pizza Franchise Disclosure Document, there is no section 24.1 listed under Item 23 Receipts. However, sections 24.2 through 24.6 contain several representations made by the franchisee. These include representations that the franchisee has been urged to seek outside consultation, that all information provided to Monicals Pizza is accurate, that entering the agreement doesn't violate other agreements, that the franchisee has investigated the business risks, and that there are no guarantees of success.
Specifically, section 24.6 states that the franchisee acknowledges that they have not relied on any guarantees about the potential success of the Monicals Pizza restaurant. It also states that the franchisee agrees that there have been no representations by Monicals Pizza that are not contained in, or are inconsistent with, the statements made in the Franchise Disclosure Document and the agreement.
While section 24.6 implies acknowledgement of the Franchise Disclosure Document, it does not explicitly state that the franchisee acknowledges receipt of the document itself. A prospective franchisee should confirm with Monicals Pizza whether there is a separate acknowledgement form or clause in the franchise agreement that specifically confirms receipt of the FDD.