What is the Mr. Sandless franchisee acknowledging about the representations or warranties made 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. |
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- 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.
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- Franchisee acknowledges that Franchisor's approval or acceptance of Franchisee's Business location does not constitute a warranty, recommendation or endorsement of the location for the Franchised Business, nor any assurance by Franchisor that the operation of the Franchised Business at the premises will be successful or profitable.
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- Franchisee acknowledges that it has received the Mr. Sandless Franchise, LLC Franchise Disclosure Document with a complete copy of the Franchise Agreement and all related Attachments and agreements at least fourteen (14) calendar days prior to the date on which the Franchise Agreement was executed.
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. Specifically, the franchisee acknowledges that they have not relied upon any express or implied warranty or guarantee from Mr. Sandless regarding the potential volume, profits, or success of the business venture. This means Mr. Sandless makes no promises about how much money a franchisee might earn or how successful their business will be. The franchisee also acknowledges that Mr. Sandless's approval of the business location does not constitute a warranty, recommendation, or endorsement of that location, nor does it assure the franchisee that the location will be successful or profitable.
Furthermore, the Mr. Sandless 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. They also acknowledge that no representations or warranties are made or implied, except as specifically outlined in the Franchise Agreement. This reinforces the importance of carefully reviewing the Franchise Agreement, as it contains the only promises Mr. Sandless is making.
In essence, Mr. Sandless is ensuring that franchisees understand they are entering into the agreement based on their own independent investigation and understanding of the business risks involved. The franchisee is also agreeing that the Franchise Agreement contains all the agreed-upon terms and conditions, superseding any prior agreements or representations. This protects Mr. Sandless from potential claims that franchisees were misled or given unrealistic expectations about their potential earnings or the suitability of their chosen location. However, this acknowledgement does not apply to claims arising under the Washington Franchise Investment Protection Act for franchisees in Washington.