Besides modifications to the Schedules and/or standards, how can the Alloy franchise agreement be waived, altered, or rescinded?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, the franchise agreement cannot be waived, altered, or rescinded except by a written agreement signed by both the franchisee and Alloy. This clause ensures that any changes to the original agreement are formally documented and agreed upon by both parties, preventing unilateral modifications or misunderstandings.
This requirement for a written agreement provides a level of security and clarity for both Alloy and the franchisee. It prevents either party from later claiming that an informal agreement or verbal understanding modified the original terms. The written requirement ensures that all modifications are explicit and acknowledged by both parties, reducing the potential for disputes.
In the franchise industry, it is common practice to require written agreements for any modifications to the franchise agreement. This protects both the franchisor and franchisee by ensuring that all changes are clearly documented and agreed upon. This clause in the Alloy franchise agreement aligns with standard industry practices, providing a structured and secure way to manage any necessary changes to the original agreement.