What acknowledgement does a Mr. Sandless franchisee make regarding their ability to earn a living, despite the provisions of Section 18?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree on your own behalf and on behalf of the persons who are liable under this Section 18 that each has previously worked or been gainfully employed in other careers and that the provisions of this Section 18 in no way prevent any such person from earning a living.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, franchisees acknowledge that the restrictions outlined in Section 18 of the franchise agreement do not prevent them (or related parties) from earning a living. This acknowledgement is made on behalf of themselves and any individuals who may be liable under Section 18.
Section 18 likely contains covenants such as non-compete clauses that restrict a franchisee's activities during and after the franchise term. By acknowledging this, the franchisee confirms they understand that even with these restrictions, they can still pursue other means of employment or business ventures to support themselves. This suggests that the non-compete provisions are not intended to be so restrictive as to completely prevent someone from working in a related field.
This acknowledgement serves to protect Mr. Sandless from potential legal challenges to the enforceability of the non-compete agreement. By having franchisees explicitly state that they can still earn a living despite the restrictions, Mr. Sandless strengthens its position should a franchisee later claim the non-compete is overly burdensome or prevents them from supporting themselves. Franchisees should carefully review Section 18 and understand the specific restrictions before signing the agreement.