Is the Mr. Sandless franchisee acknowledging that they are not relying on any representations outside of the Franchise Agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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. |
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| Initial |
Source: Item 23 — RECEIPTS (FDD pages 42–167)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, franchisees acknowledge that they are not relying on any representations outside of the Franchise Agreement. Specifically, the franchisee confirms they have no knowledge of any representations made by Mr. Sandless or its representatives that contradict the Franchise Agreement's terms. The franchisee also acknowledges that no representations or warranties are made or implied, except as specifically outlined in the Franchise Agreement itself. This acknowledgement serves as an inducement for Mr. Sandless to enter into the agreement.
This acknowledgement is significant because it limits Mr. Sandless's liability regarding any claims made outside the official agreement. It reinforces that the written Franchise Agreement is the complete and final understanding between the franchisee and Mr. Sandless. By initialing this clause, the franchisee confirms they are entering the agreement based solely on the information contained within the Franchise Agreement and the Franchise Disclosure Document.
However, it is important to note that this acknowledgement may not be enforceable in all states. The Mr. Sandless Franchisee Acknowledgment Statement explicitly states that it is "NOT FOR USE IN CALIFORNIA, MARYLAND OR WASHINGTON." Franchisees in Washington are instructed not to sign or initial the document. Furthermore, the document states that no statement signed by a franchisee can disclaim reliance on statements made by the franchisor or waive claims under state franchise law, including fraud in the inducement. This provision supersedes any other term in any document executed in connection with the franchise.