Does the Alloy franchise agreement allow for oral rescissions of its provisions?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
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to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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to Alloy's 2025 Franchise Disclosure Document, the franchise agreement specifies that it cannot be waived, altered, or rescinded, either partially or entirely, unless it is done through a written agreement signed by both the franchisee and Alloy. This clause ensures that all modifications to the original agreement are documented and agreed upon in writing, preventing potential misunderstandings or disputes based on verbal agreements.
This requirement for written modifications provides clarity and legal certainty for both parties involved in the franchise agreement. It protects Alloy and the franchisee by ensuring that any changes to the agreement are formally documented and agreed upon, reducing the risk of conflicting interpretations or claims. This is a common practice in franchising to maintain a clear record of the terms and conditions governing the franchise relationship.
Prospective Alloy franchisees should understand that any promises or representations made by Alloy representatives that are not included in the written franchise agreement or subsequent written amendments are not legally binding. Therefore, it is crucial for franchisees to ensure that all important terms and conditions are documented in writing before signing the agreement. This protects the franchisee's interests and ensures that both parties are aligned on the terms of the franchise relationship.