What is the Mr. Sandless franchisee acknowledging about the representations made by the franchisor's representatives?
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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Source: Item 23 — RECEIPTS (FDD pages 42–167)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, a prospective franchisee acknowledges several key points regarding representations made by the franchisor or its representatives. This acknowledgement is part of an inducement for Mr. Sandless to enter into a Franchise Agreement.
The franchisee confirms they are not aware of any representations made by Mr. Sandless or its representatives that contradict the terms outlined in the Franchise Agreement or its incorporated documents. The franchisee acknowledges that no representations or warranties, either explicit or implied, are made, except as specifically detailed in the Franchise Agreement itself. This statement serves as an incentive for Mr. Sandless to enter into the agreement, with the franchisee affirming they have not misrepresented anything to obtain the Franchise Agreement.
This acknowledgement is significant because it limits the franchisee's ability to later claim they were misled by verbal promises or representations not included in the written agreement. It reinforces the importance of the written Franchise Agreement as the definitive source of information and obligations for both parties. The franchisee is essentially agreeing that they are relying solely on the documented terms and their own independent investigation, rather than any external claims or promises.
The acknowledgement includes an initial line for the franchisee to confirm they understand and agree to the statement. However, the FDD states that in certain states, such as Washington, franchisees should not sign or initial this document. The FDD also states that no statement signed by the franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by the franchisor.