Does the Mr. Sandless franchise agreement contain an entire agreement clause?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
25. CONSTRUCTION
25.1 Entire Agreement
This Agreement contains the entire agreement between the parties concerning the Mr. Sandless franchise; no promises, inducements or representations not contained in this Agreement have been made, nor shall any be of any force or effect, or binding on the parties; provided, however, that nothing in this or any related agreement is intended to disclaim the representations made by us in the Disclosure Document that was furnished to you by us. Modifications of this Agreement must be in writing and signed by both parties. We reserve the right to change our policies, procedures, standards, specifications or Operations Manual, at our discretion.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the franchise agreement does contain an entire agreement clause. This clause, under section 25.1, states that the franchise agreement represents the complete understanding between Mr. Sandless and the franchisee regarding the franchise. It also specifies that any promises, inducements, or representations not explicitly included in the agreement are not binding on either party. However, the clause clarifies that this does not disclaim any representations made by Mr. Sandless in the Disclosure Document provided to the franchisee.
This clause is a standard provision in franchise agreements. It is designed to prevent disputes based on verbal agreements or understandings that are not documented in the written contract. For a prospective Mr. Sandless franchisee, this means that they should ensure all important terms and conditions are included in the written franchise agreement. Any modifications to the agreement must be in writing and signed by both parties to be valid.
Mr. Sandless also reserves the right to unilaterally change its policies, procedures, standards, specifications, or Operations Manual. This means that while the core agreement is protected by the entire agreement clause, Mr. Sandless can still make operational changes that affect the franchisee's business. Franchisees should be aware of this and understand that the business model may evolve over time at Mr. Sandless's discretion.