Does the Mrcool disclosure document contain a complete statement of all rights, conditions, restrictions and obligations of both the franchisor and the franchisee?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement, and the Schedules and Exhibits to this Agreement, as executed and, as applicable, constitute the entire, full and complete Agreement between Franchisor and Franchisee concerning the subject matter of this Agreement and supersedes all prior related agreements between Franchisor and Franchisee. The foregoing shall not constitute and does not constitute any disclaimer as to the express representations made by Franchisor in the Franchise Disclosure Document disclosed to Franchisee in connection with this Franchise Agreement.
Franchisee agrees that Franchisor makes no representations or warranties that all other agreements with MRCOOL Franchising, LLC franchisees entered into before or after the Effective Date do or will contain terms substantially similar to those contained in this Agreement. Franchisee agrees that Franchisor may waive or modify comparable provisions of other Franchise Agreements to other System franchisees in a non-uniform manner.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to the 2025 Mrcool Franchise Disclosure Document, the franchise agreement, along with its schedules and exhibits, represents the entire agreement between Mrcool and the franchisee. This complete agreement covers all aspects of the franchise relationship and takes precedence over any prior agreements. However, this does not disclaim any express representations made by Mrcool in the Franchise Disclosure Document itself.
Prospective franchisees should understand that the written agreement is the ultimate source of truth regarding their rights and obligations. While Mrcool's representatives may make certain claims, only those representations included in the FDD or the franchise agreement are legally binding. This underscores the importance of carefully reviewing all documents and seeking legal counsel to fully understand the terms of the franchise relationship.
It is also important to note that Mrcool makes no guarantees that franchise agreements with other franchisees will be substantially similar. Mrcool may also modify or waive provisions in other franchise agreements in a non-uniform manner. This means that franchisees should not assume that the terms of their agreement are the same as those offered to others. Each franchisee's agreement stands alone and should be evaluated independently.