factual

What does the Pearce Bespoke franchisee acknowledge regarding their knowledge of representations made by Pearce Bespoke?

Pearce_Bespoke Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee acknowledges that (i) the Territory was mutually agreed upon by Franchisor and Franchisee, (ii) prior to the Effective Date hereof, Franchisee conducted Franchisee's own due diligence with regard to potential customers and other matters relative to the operation of the Pearce Bespoke Franchise in the Territory, and (iii) Franchisor's agreement to the Territory is permission only, does not constitute a representation, promise, warranty, or guarantee, express or implied, by Franchisor that the Pearce Bespoke Franchise operated therein will be profitable or otherwise successful, and cannot, and does not, create any liability for Franchisor.

Source: Item 22 — CONTRACTS (FDD page 39)

What This Means (2025 FDD)

According to Pearce Bespoke's 2025 Franchise Disclosure Document, the franchisee acknowledges several key points regarding their understanding and due diligence related to the franchised territory. Specifically, the franchisee acknowledges that the territory was mutually agreed upon between Pearce Bespoke and themselves. They also confirm that, before the effective date of the franchise agreement, they conducted their own due diligence to assess potential customers and other factors relevant to operating a Pearce Bespoke franchise within the designated territory.

Furthermore, the franchisee understands that Pearce Bespoke's agreement to the territory is simply permission to operate there. It does not constitute any representation, promise, warranty, or guarantee, whether express or implied, that the Pearce Bespoke franchise will be profitable or successful in that territory. This acknowledgment also clarifies that Pearce Bespoke cannot be held liable if the franchise does not perform as expected in the territory.

This is a standard clause in franchise agreements, intended to protect the franchisor from liability based on the franchisee's performance. It underscores the importance of independent due diligence by the prospective franchisee. Before signing the agreement, a potential Pearce Bespoke franchisee should thoroughly research the market, assess competition, and evaluate the potential for success in their chosen territory. This includes analyzing demographics, market trends, and local economic conditions to make an informed decision about the franchise opportunity.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.