Are there any exceptions to Mr. Sandless's policy of not providing financing?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
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.
27.4 Your Business Efforts
YOU, AS AN INDEPENDENT BUSINESS PERSON OR ENTITY, RECOGNIZE THAT THERE ARE ECONOMIC HAZARDS IN CONNECTION WITH THE OPERATION OF ANY BUSINESS, INCLUDING THE TYPE CONTEMPLATED PURSUANT TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT WE DO NOT GUARANTEE YOUR SUCCESS, FINANCIAL OR OTHERWISE, EVEN THOUGH YOU MAY FOLLOW OR RELY ON OUR ADVICE, RECOMMENDATIONS, PROGRAMS, POLICIES AND PROCEDURES. YOU ACKNOWLEDGE 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 US REGARDING THE POTENTIAL OR FUTURE PROFITABILITY OF THE FRANCHISED BUSINESS, NOR OF THE FUTURE NUMBER OF MR. SANDLESS BUSINESSES AND ANY BENEFITS FLOWING THEREFROM. YOU UNDERSTAND THAT ANY INCOME OR PROFITS YOU MAY REALIZE WILL BE PRIMARILY THE RESULT OF YOUR EFFORTS AND LABORS, AND NOT THOSE OF US OR THIRD PARTIES. THIS FRANCHISE IS NOT A SECURITY AND YOU AGREE NOT TO RELY ON US OR ANY THIRD PARTY TO PRODUCE INCOME FOR YOU PURSUANT TO THIS AGREEMENT.
27.5 Opportunity to Review by Your Advisors
YOU ACKNOWLEDGE THAT WE HAVE RECOMMENDED, AND THAT YOU HAVE HAD THE OPPORTUNITY TO OBTAIN, REVIEW OF THIS AGREEMENT AND OUR FRANCHISE DISCLOSURE DOCUMENT BY YOUR LAWYER, ACCOUNTANT OR OTHER BUSINESS ADVISOR PRIOR TO EXECUTION HEREOF.
Source: Item 10 — FINANCING (FDD page 19)
What This Means (2025 FDD)
Based on the 2025 Mr. Sandless Franchise Disclosure Document, the franchise agreement stipulates that no salesperson, representative, or other person has the authority to bind or obligate Mr. Sandless except an authorized officer through a written document. This clause emphasizes that any agreements or promises made outside of the official written contract are not binding on the franchisor.
Mr. Sandless makes no guarantees regarding a franchisee's success. The document indicates that success as a franchisee depends on individual efforts, business judgment, employee performance, market conditions, and other variables beyond the franchisor's control or influence. The FDD also states that franchisees may experience different levels of success and that no representations are made about potential profitability, except as possibly outlined in Item 19 of the Franchise Disclosure Document.
The document also confirms that prospective franchisees acknowledge they have conducted an independent investigation of the franchised business and are not relying on any representations regarding potential or future profitability, except as contained in Item 19 of the Franchise Disclosure Document. Franchisees also acknowledge that any income or profits realized will primarily result from their efforts and labor, not those of the franchisor or third parties. The franchise is not a security, and franchisees agree not to rely on the franchisor or any third party to produce income.
Prospective franchisees should consult with their own legal and financial advisors to fully understand the implications of these provisions before signing the franchise agreement. They should also refer to Item 19 for any potential representations regarding profitability and conduct thorough due diligence to assess the risks and opportunities associated with the Mr. Sandless franchise.