In the Nothing Bundt Cakes addendum, what is the required attestation for the NBC FRANCHISOR LLC?
Nothing_Bundt_Cakes Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT J TO THE DISCLOSURE DOCUMENT FRANCHISEE DISCLOSURE ACKNOWLEDGMENT STATEMENT
THIS ACKNOWLEDGEMENT SHALL NOT BE COMPLETED BY YOU, AND WILL NOT APPLY, IF THE OFFER OR SALE OF THE FRANCHISE IS SUBJECT TO THE STATE FRANCHISE DISCLOSURE LAWS IN THE STATES OF CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
THIS ACKNOWLEDGEMENT SHALL NOT BE COMPLETED BY YOU, AND WILL NOT APPLY, IF THE FRANCHISE IS TO BE OPERATED IN, OR IF YOU ARE A RESIDENT OF, CALIFORNIA OR MARYLAND.
As you know, NBC Franchisor LLC (the "Franchisor") and you are preparing to enter into a Franchise Agreement for the establishment and operation of a "Nothing Bundt Cakes" Bakery. The purpose of this Questionnaire is to determine whether any statements or promises were made to you by employees or authorized representatives of Franchisor, or by employees or authorized representatives of a broker acting on behalf of the Franchisor ("Broker"), that have not been authorized, or that were not disclosed in the Disclosure Document or that may be untrue, inaccurate or misleading. The Franchisor, through the use of this document, desires to ascertain (a) that the undersigned, individually and as a representative of any legal entity established to acquire the franchise rights, fully understands and comprehends that the purchase of a franchise is a business decision, complete with its associated risks, and (b) that you are not relying upon any oral statement, representations, promises or assurances during the negotiations for the purchase of the franchise which have not been authorized by Franchisor.
In the event that you are intending to purchase an existing "Nothing Bundt Cakes" Bakery from an existing Franchisee, you may have received information from the transferring Franchisee, who are not employees or representatives of Franchisor. The questions below do not apply to any communications that you had with the transferring Franchisee. Please review each of the following questions and statements carefully and provide honest and complete responses to each.
Source: Item 23 — RECEIPTS (FDD pages 93–309)
What This Means (2025 FDD)
Based on the 2025 Nothing Bundt Cakes Franchise Disclosure Document, Exhibit J outlines the Franchisee Disclosure Acknowledgment Statement. This acknowledgment is not to be completed by franchisees in states with franchise disclosure laws, including California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, or if the franchise will operate in California or Maryland, indicating that these states have their own specific disclosure requirements.
The purpose of this statement is for NBC Franchisor LLC to confirm that prospective franchisees understand that buying a franchise is a business decision with inherent risks and that they are not relying on unauthorized or undisclosed statements made during negotiations. This includes statements from employees, representatives of the franchisor, or brokers acting on their behalf. The document aims to ensure that franchisees acknowledge they are not depending on any oral statements, representations, promises, or assurances not authorized by Nothing Bundt Cakes.
Furthermore, the acknowledgment clarifies that if a prospective franchisee is purchasing an existing Nothing Bundt Cakes bakery from a current franchisee, any information received from the transferring franchisee (who is not an employee or representative of Nothing Bundt Cakes) is not covered by the questions in the acknowledgment. This distinction is important to ensure that the franchisor is only responsible for the information it provides directly or authorizes through its representatives.
In essence, this acknowledgment serves as a protective measure for Nothing Bundt Cakes, ensuring that franchisees are making informed decisions based on official disclosures and authorized information, thereby mitigating potential disputes arising from misunderstandings or unauthorized representations.