Under the Stretch Zone Franchise Agreement, what written agreements are considered binding?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| 3. Interfere with our business or any of our other Franchise Businesses. These provisions are subject to state law. | ||
| r. Non-competition covenants after the franchise is terminated or expires1 | Subsection 13.1(a)(ii) | You may not, for 24 months after the end of your Franchise Agreement: 1. Influence any Business Associate of us to modify its relationship with us; 2. Have any involvement with any Competitive Business, within 50 miles of any Franchise Business then in operation or under contract; or 3. Interfere with our business or any of our other Franchise Businesses. These provisions are subject to state law. |
| s. Modification of the agreement | Sections 6.3, 13.1(e) and 19.2 | Your Franchise Agreement may not be modified without the consent of both you and us except: 1. We may change the contents of the Operations Manual; 2. We may modify the Business System; and 3. A court may modify any provision of your Franchise Agreement in accordance with applicable law. |
| t. Integration/merger clause | Section 19.14 | Only the terms of the Franchise Agreement and other written agreements are binding (subject to applicable state law). Nothing in the Franchise Agreement or in any other related written agreement is intended to disclaim the representations we made in this FDD. Any representations or promises outside the FDD and Franchise Agreement may not be enforceable. |
Source: Item 17 — ITEM -17 RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 65–73)
What This Means (2025 FDD)
According to Stretch Zone's 2025 Franchise Disclosure Document, the terms of the Franchise Agreement and other written agreements are considered binding, subject to applicable state law. This is specified under the integration/merger clause in Section 19.14 of the Franchise Agreement. The FDD also clarifies that any representations made within the FDD itself are not disclaimed by the Franchise Agreement or any other related written agreement.
This means that prospective Stretch Zone franchisees should pay close attention to all written documents associated with the franchise offering, as these are the documents that will be legally enforceable. Any verbal promises or representations made outside of these written agreements, including those not found within the FDD, may not be enforceable. This protects both the franchisee and Stretch Zone by ensuring that the terms of the agreement are clearly defined and documented.
It is important for potential Stretch Zone franchisees to carefully review all written agreements, including the Franchise Agreement and the FDD, with legal counsel to fully understand their rights and obligations. This due diligence can help avoid misunderstandings or disputes later on, as only the terms explicitly stated in these documents are considered binding. Franchisees should ensure that any important promises or representations made by Stretch Zone representatives are included in these written agreements to ensure enforceability.