What information about the seller's Mr. Sandless business can Mr. Sandless disclose to a prospective buyer?
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. YOU FURTHER UNDERSTAND THAT SOME FRANCHISEES ARE MORE, OR LESS, SUCCESSFUL THAN OTHER FRANCHISEES AND THAT WE HAVE MADE NO REPRESENTATIONS THAT YOU WILL DO AS WELL AS ANY OTHER FRANCHISEE.
27.3 Receipt
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THE MR. SANDLESS FRANCHISE LLC DISCLOSURE DOCUMENT, FINANCIAL STATEMENTS AND CONTRACTS FOR THE MR. SANDLESS BUSINESS FRANCHISE AT LEAST FOURTEEN (14) CALENDAR DAYS PRIOR TO EXECUTION OF THIS AGREEMENT OR PAYMENT OF ANY MONIES FOR THE FRANCHISE.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, no salesperson, representative, or other person has the authority to bind or obligate Mr. Sandless except an authorized officer of theirs by written document. Mr. Sandless acknowledges that no representations, promises, inducements, guarantees, or warranties of any kind were made by them or on their behalf, which have caused you to enter into this agreement.
The FDD states that whether you succeed as a Mr. Sandless franchisee is dependent upon your efforts, business judgments, the performance of your employees, market conditions and variable factors beyond their control or influence. The FDD also states that some franchisees are more, or less, successful than other franchisees and that Mr. Sandless has made no representations that you will do as well as any other franchisee.
Mr. Sandless acknowledges that you have made an independent investigation of the franchised business and that, except as may be contained in Item 19 of the Franchise Disclosure Document, no representation has been made by them regarding the potential or future profitability of the franchised business, nor of the future number of Mr. Sandless businesses and any benefits flowing therefrom. The FDD states that any income or profits you may realize will be primarily the result of your efforts and labors, and not those of Mr. Sandless or third parties. This franchise is not a security and you agree not to rely on Mr. Sandless or any third party to produce income for you pursuant to this agreement.
The FDD also states that Mr. Sandless has recommended, and that you have had the opportunity to obtain, review of this agreement and their Franchise Disclosure Document by your lawyer, accountant or other business advisor prior to execution hereof.