Besides modifications to schedules and standards, how can the Alloy Franchise Agreement be altered?
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to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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, aside from Alloy's rights to modify schedules and standards, can only be altered by a written agreement signed by both the franchisee and Alloy. This ensures that any changes to the original agreement are mutually agreed upon and documented, providing clarity and legal protection for both parties.
This requirement for a written and signed modification protects both the franchisee and Alloy. It prevents either party from unilaterally changing the terms of the agreement and ensures that all modifications are formally documented and agreed upon. This reduces the risk of misunderstandings or disputes over alleged verbal agreements or informal changes.
This clause is a fairly standard provision in franchise agreements. It underscores the importance of carefully reviewing and understanding the initial agreement, as any subsequent changes will require formal consent from both parties. Prospective Alloy franchisees should be aware of this requirement and ensure that any desired modifications are properly documented to avoid future conflicts.