Under what circumstances can a Mr. Sandless franchisee obtain a remedy based on alleged fraud, misrepresentation, or deceit by Mr. Sandless?
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.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, franchisees acknowledge that they are not entering into the agreement based on any representations, promises, inducements, guarantees, or warranties made by Mr. Sandless or on its behalf. The FDD states that a franchisee's success depends on their own efforts, business judgment, employee performance, market conditions, and other factors beyond Mr. Sandless's control.
The franchise agreement specifies that only authorized officers of Mr. Sandless can bind or obligate the company through written documents. This means that any claims of fraud, misrepresentation, or deceit would likely need to be based on statements made in writing by authorized officers of Mr. Sandless. Verbal promises or representations made by salespeople or other representatives are explicitly disclaimed.
The document emphasizes that franchisees have made an independent investigation of the Mr. Sandless franchised business and, except as contained in Item 19 of the Franchise Disclosure Document, no representation has been made regarding the potential or future profitability of the franchised business, nor of the future number of Mr. Sandless businesses and any benefits flowing therefrom. Franchisees also acknowledge that Mr. Sandless recommended they obtain legal and financial advice before signing the agreement. These acknowledgments are designed to limit Mr. Sandless's liability for any claims of fraud or misrepresentation, as the franchisee is affirming they did not rely on any unauthorized representations when entering the agreement.