How can the All Team agreement or any term be changed, waived, discharged, or terminated?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) The Funding Agreement, Guaranty Agreement, this Agreement and any other documents executed in connection herewith or therewith express the entire understanding of the parties with respect to the transactions contemplated hereby.
Neither this Agreement nor any term hereof may be changed, waived, discharged or terminated except in a writing signed by the party against whom enforcement is sought.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the franchise agreement or any of its terms can only be altered, waived, discharged, or terminated through a written agreement. This written agreement must be signed by the party against whom the enforcement of the change is sought. This requirement ensures that any modifications to the original agreement are formally documented and agreed upon by all relevant parties, preventing misunderstandings or disputes based on verbal agreements or informal communications. This clause applies to the Funding Agreement, Guaranty Agreement, and any other documents related to the franchise agreement.
This provision is designed to provide clarity and legal certainty in the franchise relationship. By requiring written consent for any changes, All Team aims to protect both the franchisor and the franchisee from potential disagreements over alleged modifications to the agreement. It also ensures that all parties are fully aware of any changes and their implications, as they must sign the document acknowledging their agreement. This is a standard practice in franchising to maintain a clear and enforceable contractual relationship.
Furthermore, the FDD states that the agreements express the entire understanding of the parties involved in the transactions. This means that no prior agreements or understandings, whether oral or written, will have any effect unless they are explicitly incorporated into the written agreements. This "entire agreement" clause reinforces the importance of documenting all relevant terms and conditions within the written franchise agreement and associated documents. Prospective franchisees should carefully review all documents and ensure that any promises or representations made during the negotiation process are included in the final written agreement to avoid future disputes.