Does the Mr. Sandless franchise agreement disclaim representations made in the Franchise Disclosure Document?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN | SUMMARY | |
|---|---|---|---|
| t. Integration/merger clause | 25.1 | Only the terms of the Franchise Agreement are binding (subject to applicable federal and/or state law). Any representations or promises outside of the Franchise Disclosure Document and other agreements may not be enforceable. Nothing in the agreement or in any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 30–34)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the franchise agreement includes an integration/merger clause that addresses the relationship between the Franchise Agreement, the Franchise Disclosure Document, and any other representations or promises made to the franchisee. Specifically, only the terms within the Franchise Agreement are considered binding, subject to federal and state laws. Any promises or representations made outside of the Franchise Disclosure Document and other agreements might not be enforceable.
However, the Mr. Sandless Franchise Agreement explicitly states that nothing within the agreement or any related agreement is intended to disclaim the representations made in the Franchise Disclosure Document. This means that while other promises might not be enforceable, the representations within the FDD itself are not disclaimed by the agreement.
This clause aims to clarify that the FDD remains a valid source of information and that Mr. Sandless is not attempting to negate the disclosures made within it. This protects the franchisee by ensuring that the information provided in the FDD can be relied upon, even with the presence of an integration clause that typically limits enforceability to the written agreement.