Does the Mr. Sandless franchise agreement acknowledge that any representations, promises, inducements, guarantees, or warranties caused the franchisee to enter into the agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
NO SALESPERSON, REPRESENTATIVE OR OTHER PERSON HAS THE AUTHORITY TO BIND OR OBLIGATE US EXCEPT AN AUTHORIZED OFFICER OF OURS BY WRITTEN DOCUMENT. YOU ACKNOWLEDGE THAT NO REPRESENTATIONS, PROMISES, INDUCEMENTS, GUARANTEES OR WARRANTIES OF ANY KIND WERE MADE BY US OR ON OUR BEHALF, WHICH HAVE CAUSED YOU TO ENTER INTO THIS AGREEMENT. YOU UNDERSTAND THAT WHETHER YOU SUCCEED AS A FRANCHISEE IS DEPENDENT UPON YOUR EFFORTS, BUSINESS JUDGMENTS, THE PERFORMANCE OF YOUR EMPLOYEES, MARKET CONDITIONS AND VARIABLE FACTORS BEYOND OUR CONTROL OR INFLUENCE. YOU FURTHER UNDERSTAND THAT SOME FRANCHISEES ARE MORE, OR LESS, SUCCESSFUL THAN OTHER FRANCHISEES AND THAT WE HAVE MADE NO REPRESENTATIONS THAT YOU WILL DO AS WELL AS ANY OTHER FRANCHISEE.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the franchise agreement explicitly states that the franchisee acknowledges that no representations, promises, inducements, guarantees, or warranties influenced their decision to enter the agreement. This means that Mr. Sandless aims to prevent franchisees from later claiming they were misled or induced into signing the agreement based on promises not explicitly written in the contract.
This clause emphasizes that a franchisee's success depends on their own efforts, business judgment, employee performance, market conditions, and other factors outside of Mr. Sandless's control. It also acknowledges that some franchisees will perform better than others, and Mr. Sandless makes no guarantees regarding a franchisee's potential success.
This type of clause is common in franchise agreements to protect the franchisor from potential legal claims based on verbal or implied promises. Prospective Mr. Sandless franchisees should carefully review the entire agreement and rely only on the information contained within the FDD and the franchise agreement itself. They should also conduct their own independent investigation of the business opportunity and consult with legal and financial advisors before signing the agreement.