What is the Mr. Sandless franchisee acknowledging about the representations of performance?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
- Franchisee has conducted an independent investigation of all aspects relating to the financial, operational and other aspects of the business of operating the Franchised Business. Franchisee further acknowledges that, except as may be set forth in Franchisor's Disclosure Document, no representations of performance (financial or otherwise) for the Franchised Business provided for in this Agreement has been made to Franchisee by Franchisor and Franchisee and any and all Principals hereby waive any claim against Franchisor for any business failure Franchisee may experience as a franchisee under this Agreement.
______ Initial
- Franchisor expressly disclaims the making of, and Franchisee acknowledges that it has not received or relied upon, any warranty or guarantee, express or implied, as to the potential volume, profits or success of the business venture contemplated by the Franchise Agreement.
______ Initial
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 performance representations. Specifically, the franchisee confirms they have conducted their own independent investigation into the financial, operational, and other aspects of operating a Mr. Sandless franchise. This indicates that the franchisee is not solely relying on information provided by Mr. Sandless itself.
Furthermore, the franchisee acknowledges that, except as explicitly stated in the Franchise Disclosure Document, Mr. Sandless has not made any representations of performance, financial or otherwise. The franchisee also waives any claims against Mr. Sandless for business failure they may experience as a franchisee. This is a critical point, as it places the onus of business success on the franchisee's abilities and efforts.
Additionally, the franchisee acknowledges that they have not received or relied upon any warranty or guarantee, express or implied, regarding the potential volume, profits, or success of the Mr. Sandless business venture. This reinforces the understanding that the franchisee is entering the agreement without any assurances of specific financial outcomes. This acknowledgement is documented in the Franchisee Acknowledgment Statement, which the franchisee must initial, confirming their understanding and agreement to these terms before entering into the Franchise Agreement with Mr. Sandless.