Is a written agreement required for any waiver or modification of the All Dogs Unleashed franchise agreement?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing, nothing in this Agreement disclaims or requires you to waive reliance on any representation that Franchisor made in the franchise disclosure document (including its exhibits and amendments) that Franchisor delivered to you in connection with this franchise offering.
Except for those changes permitted to be made unilaterally by Franchisor hereunder, no amendment, change or variance from this Agreement shall be binding on either party unless mutually agreed to in writing by the parties and executed by their authorized officers or agents.
- 18.2.
No Waiver.
No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless the same is made in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, any waiver or modification of the franchise agreement must be in writing to be considered valid. Specifically, the document states that no waiver or modification of the agreement, or any covenant, condition, or limitation contained within it, is valid unless it is made in writing and properly executed by the party to be charged.
This requirement means that any verbal agreements or understandings that deviate from the written franchise agreement are not legally binding on All Dogs Unleashed or the franchisee. Both parties must formally document and sign any changes to the original agreement to ensure enforceability. This protects both the franchisor and franchisee by providing a clear record of any agreed-upon changes.
Furthermore, the All Dogs Unleashed FDD specifies that no evidence of any waiver or modification can be admitted in any legal proceeding, arbitration, or litigation unless the waiver or modification is in writing and duly executed. This provision reinforces the importance of written documentation and prevents either party from relying on informal or undocumented agreements in case of a dispute. This is a standard practice in franchising to maintain clarity and avoid potential misunderstandings or disagreements.