Can representations made in the Pearce Bespoke Franchise Disclosure Document be disclaimed by the Franchise Agreement or any related agreement?

According to the 2025 Pearce Bespoke Franchise Disclosure Document, any terms in agreements with Pearce Bespoke cannot supersede the provision that prohibits disclaiming reliance on statements made by the franchisor or its representatives. This means Pearce Bespoke cannot include clauses in the Franchise Agreement or other related documents that would prevent a franchisee from relying on the information provided in the Franchise Disclosure Document (FDD) or by Pearce Bespoke representatives. This protection ensures that franchisees can hold Pearce Bespoke accountable for the representations made during the franchise sales process.

This provision is particularly important for prospective franchisees as it safeguards against potential discrepancies between what is presented in the FDD and what is included in the final agreements. Franchisees can rely on the information provided by Pearce Bespoke without fear that the agreement will later disclaim those representations. This helps ensure transparency and protects the franchisee's investment decision.

This type of clause is not uncommon in franchise agreements, as franchise regulations often aim to protect franchisees from misleading or false information. By explicitly stating that no agreement can supersede the reliance on franchisor statements, Pearce Bespoke reinforces its commitment to providing accurate and reliable information to potential franchisees. This promotes a more equitable relationship between the franchisor and franchisee.