Under what conditions is a waiver or modification of the Aplus franchise 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, any waiver or modification to the franchise agreement must be in writing and properly executed by the party being charged. This requirement ensures that both Aplus and the franchisee are clear on any changes to the original agreement and that there is documented consent to those changes.
This provision is fairly standard in franchise agreements. It protects both the franchisee and Aplus by preventing disputes based on verbal agreements or understandings that are not formally documented. The written requirement provides a clear record of any agreed-upon changes, reducing the risk of misunderstandings or disagreements later on.
Prospective Aplus franchisees should be aware that any promises or representations made by Aplus representatives that are not included in the written franchise agreement or a written modification to it may not be enforceable. It is crucial to ensure that all important terms and conditions are documented in writing to avoid potential issues in the future. Franchisees should consult with a legal professional to review the franchise agreement and any proposed modifications to ensure their interests are protected.