Common use of Acknowledgments and Representations Clause in Contracts

Acknowledgments and Representations. FRANCHISEE acknowledges that he (or its owners) has read this Agreement and COMPANY's Franchise Offering Circular and that he (or its owners) understands and accepts the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain COMPANY's high standards of quality and service and the uniformity of those standards at all TREATS Stores in order to protect and preserve the goodwill of the Marks. FRANCHISEE acknowledges that he (or its owners) has conducted an independent investigation of the business contemplated by this Agreement and recognizes that, like any other business, the nature of the business conducted by TREATS Stores may evolve and change over time, that an investment in a TREATS Store involves business risks and that the success of the venture is largely dependent upon the business abilities and efforts of FRANCHISEE. COMPANY expressly disclaims the making of, and FRANCHISEE acknowledges that he (or its owners) has not received or relied upon, any warranty or guaranty, express or implied, as to the revenues, profits, or success of the business venture contemplated by this Agreement. FRANCHISEE acknowledges that he (or its owners) has not received or relied on any representations of COMPANY, or its officers, directors, employees or agents, relating to the business venture contemplated by this Agreement, that are inconsistent with the statements made in COMPANY's Franchise Offering Circular or to the terms herein. FRANCHISEE further represents to COMPANY, as an inducement to its entry into this Agreement, that FRANCHISEE has made no misrepresentations in obtaining the franchise granted under this Agreement. FRANCHISEE has applied for a franchise to own and operate a TREATS Store at the location specified hereinbelow, and such application has been approved by COMPANY in reliance upon all the representations made in such application.

Acknowledgments and Representations. FRANCHISEE acknowledges SBMS and AGENT acknowledge that he (or its owners) has they have read this Agreement and COMPANY's Franchise Offering Circular understand and that he (or its owners) understands and accepts accept the terms, conditions and covenants contained in this Agreement herein as being reasonably necessary to maintain COMPANY's SBMS' high standards of quality for CRS and service and the uniformity of those standards at all TREATS Stores in order other Services, thereby to protect and preserve the goodwill of the SBMS' CRS, Services and its Marks. FRANCHISEE AGENT has read and understands the obligations imposed by the FCC upon CRS licensees and their duties to SBMS as specified in Section 22.9l2 of the FCC's cellular rules. AGENT acknowledges that he (SBMS' ability to provide CRS and other Services is conditioned upon the continuing validity of its FCC operating license(s) and any other required licenses, certificates and permits, and may be affected by state and federal court decisions and regulatory approvals. SBMS makes no representation concerning whether said licenses, certificates, and permits will continue to be valid. AGENT agrees that if SBMS is prohibited from, or its owners) otherwise ceases selling an Authorized Service in the Area, SBMS may declare this Agreement null and void as to any or all Authorized Services with no penalty. AGENT acknowledges that it has conducted an independent investigation of the business contemplated by this Agreement of selling CRS and recognizes that, like any other business, the nature Services that it will conduct pursuant to this Agreement. AGENT recognizes that entry into business as an AGENT of the business conducted by TREATS Stores may evolve and change over time, that an investment in a TREATS Store SBMS involves business risks and that the AGENT'S success of the venture is largely dependent in such business will depend primarily upon the business its abilities and efforts of FRANCHISEEefforts. COMPANY SBMS expressly disclaims the making of, and FRANCHISEE AGENT acknowledges that he (or its owners) it has not received or relied upon, any warranty or guaranty, express or implied, as to the revenues, profits, amount of commissions or success other gross revenue that it may earn as a result of the business venture contemplated by this Agreement. FRANCHISEE its agency relationship with SBMS and acknowledges that he (or its owners) it has not received or relied on no knowledge of any representations of COMPANY, or its officers, directors, employees or agents, relating to the business venture contemplated its agency relationship with SBMS by this Agreementan officer, employee or agent of SBMS that are inconsistent with the statements made in COMPANY's Franchise Offering Circular or contrary to the terms herein. FRANCHISEE further AGENT represents to COMPANYSBMS, as an inducement to its entry into this Agreement, that FRANCHISEE AGENT has made no misrepresentations to SBMS in obtaining its application for appointment as a nonexclusive, Authorized Agent of SBMS or in any other manner. AGENT and SBMS mutually agree that they shall not have any liability to the franchise granted under this Agreement. FRANCHISEE has applied other for a franchise to own and operate a TREATS Store at any lost profits, consequential, or special damages even if advised of the location specified hereinbelow, and possibility of such application has been approved by COMPANY in reliance upon all the representations made in such applicationdamages.

Acknowledgments and Representations. FRANCHISEE Franchisee acknowledges that he (or its owners) has read this Agreement and COMPANY's Franchise Offering Circular and that he (or its owners) understands and accepts the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain COMPANYPretzel Time's high standards of quality and service and the uniformity of those standards at all TREATS Stores in order Pretzel Time Units and thereby to protect and preserve the goodwill of the Marks. FRANCHISEE Pretzel Time disclaims and Franchisee acknowledges that he (or its owners) has conducted an independent investigation of the business contemplated by this Agreement and recognizes that, like any other business, the nature of the business conducted by TREATS Stores may evolve and change over time, that an investment in a TREATS Store involves business risks and that the success of the venture is largely dependent upon the business abilities and efforts of FRANCHISEE. COMPANY expressly disclaims the making of, and FRANCHISEE acknowledges that he (or its owners) has not received or relied uponupon any representations, any warranty promises, guarantees or guarantywarranties, express expressed or implied, as made to induce the revenuesexecution hereof or in connection herewith which is not expressly contained herein or in the disclosure statement. More specifically, profitsFranchisee acknowledges and agrees that no person acting on behalf of Pretzel Time or its affiliated companies has made any written or oral claim, statement, assurance, promise or success projection of any sort regarding the actual or prospective sales, earnings, gross profit or net profit of the business venture contemplated by franchise, which is the subject of this Agreementagreement. FRANCHISEE Franchisee acknowledges and agrees that he (or its owners) has not received or relied on any representations of COMPANY, or its Pretzel Time's officers, directors, employees or agents, relating to and agents act only in a representative and not in a personal capacity in connection with any of their dealings with Franchisee. Franchisee recognizes that neither Pretzel Time nor any other person can guarantee Franchisee's success in the business venture contemplated by this Agreement, that are inconsistent with the statements made in COMPANY's Franchise Offering Circular or to the terms hereinfranchised business. FRANCHISEE Franchisee further represents to COMPANYPretzel Time, as an inducement to its entry into this Agreement, that FRANCHISEE all statements in Franchisee's application for the Franchise are accurate and complete and that Franchisee has made no misrepresentations or material omissions in obtaining the franchise granted under this Agreement. FRANCHISEE has applied for a franchise to own and operate a TREATS Store at the location specified hereinbelow, and such application has been approved by COMPANY in reliance upon all the representations made in such applicationfranchise.