Under what conditions is a waiver or modification of the Aplus agreement valid?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- 13.2. No Waiver. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless the same is made in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, a waiver or modification of the franchise agreement is only valid if it meets specific requirements. The franchise agreement stipulates that any waiver or modification must be documented in writing and properly executed by the party against whom the waiver or modification is enforced. This means that verbal agreements or informal understandings are not sufficient to alter the terms of the Aplus franchise agreement.
This requirement protects both the franchisee and Aplus by ensuring that all changes to the agreement are clear, unambiguous, and agreed upon by both parties. It prevents disputes that could arise from differing recollections of verbal agreements. The written requirement ensures that there is a clear record of any changes made to the original contract, providing legal certainty for both parties.
Prospective Aplus franchisees should be aware of this provision and ensure that any desired changes to the franchise agreement are put in writing and signed by an authorized representative of Aplus. Failure to do so could result in the waiver or modification being deemed invalid and unenforceable. This clause is a standard protection in franchise agreements to maintain clarity and prevent misunderstandings.