When does the Apricot Lane amendment become effective?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Effect of Amendment. This Amendment reflects the entire understanding of the Parties with respect to the subject matter thereof. Except as amended by this Amendment, the Franchise Agreement shall remain in full force and effect in accordance with its terms.
Further Assurances. To facilitate the execution of this Amendment by geographically separated Parties, it may be executed in two or more counterparts, all of which shall constitute one agreement. The execution by one Party of any counterpart shall be sufficient execution by that Party whether or not the same counterpart has been executed by any other Party. This Amendment shall become effective when each Party has signed at least one counterpart. All facsimile or scanned executions shall be treated as originals for all purposes. The Parties shall do and cause to be done all such acts, matters and things and shall execute and deliver all such documents and instruments as shall be required to enable the Parties to perform their respective obligations under, and to give effect to the transactions contemplated by, this Amendment.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, an amendment to the franchise agreement becomes effective once each party has signed at least one counterpart of the agreement. This indicates that the amendment does not become effective simply upon signing by one party, but requires both the franchisor and franchisee to sign.
This condition ensures that both parties are in agreement with the terms outlined in the amendment before it takes effect. The document also clarifies that the amendment can be executed in multiple counterparts, especially if the parties are geographically separated, and all counterparts together will constitute a single agreement. Furthermore, the document states that faxed or scanned executions are considered originals for all purposes.
This clause protects both Apricot Lane and the franchisee by ensuring mutual agreement and provides flexibility in the execution process through the acceptance of counterparts and electronic signatures. Prospective franchisees should ensure they fully understand all terms before signing any amendment and be aware of the date on which all parties execute the agreement.