How can the Advanced Mobile Iv And Amiv agreement be changed or modified?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
ledge that the Marks, Operations Manual, and Licensed Methods, including any future amendments or modifications to them, have substantial value, and that the conditions, restrictions, covenants not to compete, and other limitations imposed by this Agreement are necessary, equitable, and reasonable for the general benefit of you, us, and others enjoying any lawful economic interest in the Marks, Operations Manual, and Licensed Methods.
You understand and agree that the Licensed Methods must not remain static if it is to meet presently unforeseen future changes in technology, competitive circumstances, demographics, consumer trends, social trends and other marketplace variables and to best serve the interests of you, us and our other franchisees. We may add to, subtract from, change or modify any part of the Marks, Operations Manual, or Licensed Methods from time to time at our sole discretion, This may include changes to the products, equipment, signage, trade dress, décor, design, appearance, operations, programs, services, methods, standards, forms, policies and procedures of the Licensed Methods or abandoning the Licensed Methods altogether in favor of another system in connection with a merger, acquisition, or other business reason. You will accept, use, and protect, for the purposes of this Agreement, all additions, subtractions, changes and modifications as if they were a part of the Marks, Operations Manual, and Licensed Methods at the time this Agreement is executed. You will bear all costs and expenses which may be reasonably necessary as a result of such changes or modifications. Except as otherwise provided in this Agreement, under no circumstances will we be liable to you for any damages, costs, losses, or detriments relating to or directly or indirectly resulting from these changes or modifications.
Complete and detailed uniformity of the Marks, Operations Manual, and Licensed Methods under the varying conditions to be experienced by our franchisees may not be possible or practicable. Therefore we reserve the right, at our discretion, to accommodate your special needs, or those of any other of our franchisees. These needs may result from the peculiarities of density of population, population demographics, business potential, population of trade area, existing business practices, requirements of local law or local customers, or any other condition which we deem to be important to the successful operation of the franchisee's business. From time
22 – ADVANCED MOBILE IV FRANCHISE AGREEMENT
to time, we may allow certain franchisees to depart from normal system standards and routines to experiment with or test new products, equipment, designs, and procedures. In no event will any variance or testing be deemed a waiver of any of our rights, or an excuse for you to not perform any of your duties under this Agreement. We may require you at any time to commence full compliance with the Operations Manual and the Licensed Methods. We will not be required to grant any variance to you under any circumstances. You will not require us to disclose or grant to you a like or similar variation.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to the 2023 Franchise Disclosure Document, Advanced Mobile Iv And Amiv has the authority to modify the Marks, Operations Manual, or Licensed Methods at its sole discretion. These modifications may include changes to products, equipment, signage, trade dress, décor, design, appearance, operations, programs, services, methods, standards, forms, policies, and procedures. Advanced Mobile Iv And Amiv can also abandon the Licensed Methods altogether in favor of another system due to a merger, acquisition, or other business reason.
As a franchisee, you are obligated to accept and use all these changes as if they were part of the original agreement. You will also bear all costs associated with these changes. Advanced Mobile Iv And Amiv is not liable for any damages, costs, losses, or detriments resulting from these modifications, except as otherwise provided in the agreement.
Advanced Mobile Iv And Amiv may also accommodate the special needs of individual franchisees due to factors such as population density, demographics, business potential, local laws, or customer requirements. Furthermore, any improvements, modifications, or additions to the Licensed Methods or Marks, including those suggested by the franchisee, will become the exclusive property of Advanced Mobile Iv And Amiv. Franchisees must obtain prior written consent from Advanced Mobile Iv And Amiv for any modifications they wish to propose or make to the Licensed Methods or the Marks.