Does Mr. Sandless have liability for representations not included in the disclosure document?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement contains the entire agreement between the parties concerning the Mr. Sandless franchise; no promises, inducements or representations not contained in this Agreement have been made, nor shall any be of any force or effect, or binding on the parties; provided, however, that nothing in this or any related agreement is intended to disclaim the representations made by us in the Disclosure Document that was furnished to you by us. Modifications of this Agreement must be in writing and signed by both parties. We reserve the right to change our policies, procedures, standards, specifications or Operations Manual, at our discretion.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the franchise agreement specifies that it contains the entire agreement between the parties. This means that no promises, inducements, or representations that are not included within the agreement are considered valid or binding on either party. However, this is with the explicit exception of representations made by Mr. Sandless in the Franchise Disclosure Document itself.
This clause aims to limit Mr. Sandless's liability by ensuring that only the terms written in the franchise agreement and the FDD are enforceable. It prevents franchisees from claiming they were induced to sign the agreement based on verbal promises or other representations not documented in these official documents. Modifications to the agreement must be in writing and signed by both parties to be valid.
For a prospective Mr. Sandless franchisee, this means it is crucial to carefully review the Franchise Disclosure Document and the franchise agreement before signing. Any promises or representations made by Mr. Sandless representatives that are not written in these documents should be viewed with caution, as they may not be legally binding. It is advisable to seek legal counsel to review these documents and understand the full extent of the franchisee's rights and obligations.
Mr. Sandless also retains the right to unilaterally change their policies, procedures, standards, specifications, or Operations Manual. Franchisees should be aware that the terms of their franchise can evolve over time at the discretion of Mr. Sandless.