Will Mr. Sandless guarantee my other obligations?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
shall, at our option, become null and void and confer no rights upon you nor any partner, shareholder, member or manager. All guarantors shall be jointly and severally liable for the performance of all of the terms, covenants and conditions hereof.
27 REPRESENTATIONS AND ACKNOWLEDGMENTS
27.1 No Warranties
We make no warranties, express or implied, nor any representation whatsoever other than as expressly set forth herein. Nothing in this or any related agreement, however, is intended to disclaim the representations made by us in the Franchise Disclosure Document that was furnished to you by us.
27.2 No Authority
NO SALESPERSON, REPRESENTATIVE OR OTHER PERSON HAS THE AUTHORITY TO BIND OR OBLIGATE US EXCEPT AN AUTHORIZED OFFICER OF OURS BY WRITTEN DOCUMENT. YOU ACKNOWLEDGE THAT NO REPRESENTATIONS, PROMISES, INDUCEMENTS, GUARANTEES OR WARRANTIES OF ANY KIND WERE MADE BY US OR ON OUR BEHALF, WHICH HAVE CAUSED YOU TO ENTER INTO THIS AGREEMENT. YOU UNDERSTAND THAT WHETHER YOU SUCCEED AS A FRANCHISEE IS DEPENDENT UPON YOUR EFFORTS, BUSINESS JUDGMENTS, THE PERFORMANCE OF YOUR EMPLOYEES, MARKET CONDITIONS AND VARIABLE FACTORS BEYOND OUR CONTROL OR INFLUENCE.
Source: Item 10 — FINANCING (FDD page 19)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, Mr. Sandless does not guarantee a franchisee's success, financial or otherwise. The FDD states that a franchisee acknowledges that Mr. Sandless does not guarantee their success even if the franchisee follows Mr. Sandless's advice, recommendations, programs, policies and procedures.
The FDD clarifies that a franchisee's success depends on their own efforts, business judgments, the performance of their employees, market conditions, and other variable factors beyond Mr. Sandless's control or influence. The document emphasizes that some franchisees are more or less successful than others, and Mr. Sandless makes no representations that a new franchisee will perform as well as any other franchisee.
Furthermore, the FDD states that no salesperson, representative, or other person has the authority to bind or obligate Mr. Sandless except an authorized officer through a written document. The document also states that no representations, promises, inducements, guarantees, or warranties of any kind were made by Mr. Sandless or on its behalf to cause the franchisee to enter into the agreement.