What is the Mr. Sandless franchisee acknowledging about representations or warranties?
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. |
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5.
Source: Item 23 — RECEIPTS (FDD pages 42–167)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, franchisees acknowledge several key points regarding representations and warranties. Mr. Sandless expressly disclaims any express or implied warranty or guarantee regarding the potential volume, profits, or success of the franchise. The franchisee acknowledges that they have not relied on any such warranty or guarantee. This means that Mr. Sandless does not assure any level of financial performance, and the franchisee accepts the risk that the business may not be profitable.
Additionally, the franchisee acknowledges that Mr. Sandless's approval of the business location does not constitute a warranty, recommendation, or endorsement of that location. Nor does it provide any assurance that the franchised business will be successful or profitable at that location. The franchisee is responsible for independently assessing the suitability of the location. This is a standard practice in franchising, as the franchisee typically has more local knowledge than the franchisor.
Furthermore, the franchisee acknowledges that they have no knowledge of any representations made by Mr. Sandless or its representatives that contradict the terms of the Franchise Agreement. The franchisee agrees that no representations or warranties are made or implied, except as specifically stated in the Franchise Agreement. The franchisee also represents that they have not made any misrepresentations to obtain the Franchise Agreement. This clause aims to prevent franchisees from later claiming they were misled by verbal promises or other statements not included in the written agreement.