Does the Stretch Zone agreement represent the entire understanding between the parties?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 19.17 ACKNOWLEDGMENTS IN CERTAIN STATES
The following acknowledgements apply to all franchisees and Franchised Units, except those that are subject to the state franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin:
- (a) You have conducted an independent investigation of the business venture contemplated by this Agreement and recognize that it involves business risks and that your results will be largely dependent upon your own efforts and ability. You have reviewed this Agreement and the FDD. You have been accorded ample time to consult with, and ask questions of, our representatives and to consult with your own legal counsel and other advisors about the potential risks and benefits of entering into this Agreement, and we have advised you to do so.
- (b) You have no knowledge of any representations made about the Stretch Zone franchise opportunity by us, our Affiliates, or any of our or their officers, directors, owners, or agents that are contrary to the statements made in the FDD or to the terms and conditions of this Agreement. You are not relying on any representations or warranties, express or implied, provided by us or our representatives other than those expressly set forth in this Agreement and the FDD.
- (c) Except as may be stated in the FDD, neither we, nor any of our Affiliates, nor any of our or our Affiliates' officers, agents, employees, or representatives have made any representation to you, express or implied, as to the historical revenues, earnings, or profitability of any Stretch Zone business or the anticipated revenues, earnings, or profitability of your Franchise Business or any other business operated by us, our licensees, our franchisees, or our Affiliates. Any information you have acquired from other Stretch Zone franchisees regarding their sales, profits or cash flows is not information obtained from us, and we make no representation about that information's accuracy.
Source: Item 8 — Receipts. Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting or ten (10) business days before the execution of the franchise or other agreement or the payment of any consideration that relates to the franchise relationship. (FDD pages 99–263)
What This Means (2025 FDD)
According to the 2025 Stretch Zone Franchise Disclosure Document, franchisees in certain states acknowledge that they are not relying on any representations or warranties beyond what is explicitly stated in the franchise agreement and the FDD. Specifically, this acknowledgement applies to franchisees and franchised units, except those subject to state franchise disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin. Franchisees in the specified states confirm they have conducted their own independent investigation, understand the business risks, and recognize their success depends on their own efforts. They also confirm they have had ample time to consult with advisors about the agreement's potential risks and benefits.
This acknowledgement serves to protect Stretch Zone from claims that franchisees were misled or given information not contained in the official documents. By requiring franchisees to confirm they are not relying on external representations, Stretch Zone aims to limit its liability and ensure franchisees are making informed decisions based on the FDD and the franchise agreement itself. This is a common practice in franchising to ensure transparency and reduce potential disputes over misrepresented information.
For prospective Stretch Zone franchisees, this means it is crucial to conduct thorough due diligence and rely solely on the information provided in the FDD and the franchise agreement, especially if they are not located in the listed states. Any verbal promises or assurances from Stretch Zone representatives that are not documented in these official documents should be viewed with caution. It is advisable to seek legal counsel to review the agreement and FDD to fully understand the terms and conditions before signing.