Does the Mr. Sandless franchisee acknowledge that no representations or warranties are made or implied, except as specifically set forth in the Franchise Agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
s making the success of the venture largely dependent upon the business abilities and participation of Franchisee and its efforts as an independent business operation.
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- Franchisee agrees that no claims of success or failure have been made to it or him or her prior to signing the Franchise Agreement and that it/she/he understands all the terms and conditions of the Franchise Agreement. Franchisee further acknowledges that the Franchise Agreement contains all oral and written agreements, representations and arrangements between the parties hereto, and any rights which the respective parties hereto may have had under any other previous contracts are hereby cancelled and terminated, and that this Agreement cannot be changed or terminated orally.
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| 4. | Franchisee has no knowledge of any representations by Franchisor or its officers, directors, shareholders, employees, sales representatives, agents or servants, about the business contemplated by the Franchise Agreement that are contrary to the terms of the Franchise Agreement or the documents incorporated herein. Franchisee acknowledges that no representations or warranties are made or implied, except as specifically set forth in the Franchise Agreement. Franchisee represents, as an inducement to Franchisor's entry into this Agreement, that it has made no misrepresentations in obtaining the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 42–167)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the franchisee acknowledges that no representations or warranties, either expressed or implied, are made, except as explicitly stated in the Franchise Agreement. The franchisee also confirms they have no knowledge of any representations made by Mr. Sandless or its representatives that contradict the terms of the Franchise Agreement. This acknowledgement is part of the Franchisee Acknowledgment Statement.
This provision is designed to protect Mr. Sandless from potential claims based on verbal promises or representations made during the franchise sales process that are not documented in the Franchise Agreement. It reinforces that the written agreement is the complete and final understanding between Mr. Sandless and the franchisee. By signing, the franchisee confirms they are not relying on any information outside of the official documents.
For a prospective Mr. Sandless franchisee, this means it is crucial to carefully review the entire Franchise Agreement and any related documents. Any promises or assurances not explicitly written into the agreement may not be enforceable. It is important to seek legal counsel to fully understand the implications of this clause and to ensure that all expectations are clearly documented before signing the agreement. This acknowledgement is not applicable to franchisees in California, Maryland, or Washington.