Does Stretch Zone provide any warranty or representation that a trainee's successful completion of training guarantees their ability to successfully operate the Franchise Business?
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, Stretch Zone does not provide any guarantee that completing their training program will ensure a franchisee's success. Specifically, franchisees acknowledge that the business venture involves risks and their success depends largely on their own efforts and abilities. Franchisees confirm they are not relying on any representations or warranties from Stretch Zone, its affiliates, or representatives, except those expressly stated in the Franchise Agreement and the FDD.
Furthermore, Stretch Zone makes no representations about the historical or anticipated revenues, earnings, or profitability of any Stretch Zone business, including the franchisee's own. Any information acquired from other Stretch Zone franchisees regarding their sales, profits, or cash flows is not endorsed or guaranteed by Stretch Zone. This means that prospective franchisees must conduct their own independent investigation and due diligence to assess the potential risks and rewards of investing in a Stretch Zone franchise.
This lack of guarantee is typical in franchising. The success of a franchise depends on many factors, including the franchisee's management skills, local market conditions, and ability to follow the Stretch Zone system. While Stretch Zone provides training and support, the ultimate responsibility for the success of the business rests with the franchisee. Therefore, prospective franchisees should carefully consider their own capabilities and resources before investing in a Stretch Zone franchise.