According to the Mrcool franchise agreement, what documents are considered binding?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
| r. | Non-competition covenants after the franchise is terminated or expires | 6, 17.E. | No involvement, ownership or interest whatsoever for 24 months in any competing business in: your Designated Territory; a 25-mile radius of your Designated Territory; a 10-mile radius of the Designated Territory of any other Center; and you must comply with confidentiality, non disclosure and non-solicitation covenants. |
|---|---|---|---|
| s. | Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral changes that we may make to the Manuals or our unilateral reduction of the scope of a restrictive covenant that we may make in our discretion. |
| t. | Integration/merger clauses | 18.M. | Only the terms of the Franchise Agreement and schedules to the Franchise Agreement and the respective signed exhibits to the Franchise Agreement are binding, subject to state law. Nothing in any agreement is intended to disclaim the express representations made in the Franchise Disclosure Document, its exhibits and amendments. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 43–50)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, the only binding terms are those included in the Franchise Agreement, its schedules, and the signed exhibits. However, the FDD clarifies that nothing within these agreements is intended to disclaim the express representations made in the Franchise Disclosure Document, including its exhibits and amendments.
This means that while the Franchise Agreement is the core legal document, Mrcool cannot contradict any promises or statements made within the FDD itself. Prospective franchisees should carefully review both the Franchise Agreement and the FDD to ensure consistency and accuracy. Any discrepancies or concerns should be addressed with Mrcool before signing the agreement.
This clause protects the franchisee by ensuring that Mrcool is held accountable for the information presented in the FDD, which is a crucial document for making an informed investment decision. Franchisees should pay close attention to all exhibits and amendments to both the Franchise Agreement and the FDD, as these are also considered binding and can impact their rights and obligations.