Can the Alloy franchise agreement be altered without a written agreement signed by both parties?
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to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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According to Alloy's 2025 Franchise Disclosure Document, the franchise agreement cannot be waived, altered, or rescinded unless both parties provide a signed written agreement. This protects both Alloy and the franchisee by ensuring that any changes to the original agreement are formally documented and agreed upon. This clause aims to prevent misunderstandings or disputes that could arise from verbal agreements or informal modifications.
This requirement for a written agreement ensures that all modifications are clear, concise, and legally binding, reducing the potential for future disagreements. It also provides a clear record of any changes made to the original contract, which can be essential in resolving disputes or clarifying obligations.
This provision is fairly standard in franchise agreements, as it provides a level of security and clarity for both parties involved. Franchisees should pay close attention to this clause and ensure that any modifications they agree to are properly documented in writing to protect their interests and avoid potential future conflicts with Alloy.