Must modifications to the Alloy franchise agreement be in writing to be effective?
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to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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According to Alloy's 2025 Franchise Disclosure Document, the franchise agreement may not be waived, altered, or rescinded unless it is in writing and signed by both the franchisee and Alloy. This requirement ensures that any changes to the original agreement are formally documented and agreed upon by both parties, preventing potential misunderstandings or disputes. This clause applies to the entire agreement or any part of it.
This provision is typical in franchising, as it protects both the franchisor and franchisee by requiring a clear, written record of any modifications. It prevents either party from later claiming that an informal verbal agreement changed the terms of the franchise. The written requirement provides legal certainty and clarity.
For a prospective Alloy franchisee, this means that any desired changes to the franchise agreement must be negotiated and documented in writing. Verbal agreements or understandings will not be enforceable. This requirement underscores the importance of carefully reviewing the initial franchise agreement and ensuring that all terms are acceptable before signing, as any subsequent modifications will require Alloy's written consent.