Can the Apricot Lane Franchise Agreement be modified orally?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE AGREEMENT | SUMMARY |
|---|---|---|
| r. Non-competition covenants after the franchise is terminated or expires | Section 17.B in Franchise Agreement | For 2 years after expiration or termination for any reason, you may not own or be involved in competing business within your former Territory or within 10 miles of any other Store. (Subject to state law.) |
| s. Modification of the | Sections 23.E in | Franchise Agreement may not be amended |
| agreement | Franchise Agreement | except in writing and agreed to by both parties. |
| t. Integration/merger clause | Section 23.E in Franchise Agreement | Only terms of Franchise Agreement are binding (subject to state law). Any representations or promises outside of the disclosure document and franchise agreement may not be enforceable. |
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 39–41)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the Franchise Agreement cannot be modified orally. The FDD states that any modifications must be in writing and agreed to by both Apricot Lane and the franchisee. This requirement is detailed in Section 23.E of the Franchise Agreement.
This stipulation is a standard practice in franchising to ensure clarity and prevent disputes. Oral agreements can be difficult to prove and can lead to misunderstandings between the franchisor and franchisee. By requiring written modifications, Apricot Lane aims to maintain a clear record of any changes to the original agreement, protecting both parties.
Furthermore, Section 23.E also includes an integration/merger clause, which reinforces that only the terms within the written Franchise Agreement are binding, subject to state law. This means any representations or promises made outside of the disclosure document and the Franchise Agreement may not be enforceable. Therefore, prospective Apricot Lane franchisees should ensure that all agreements and understandings are documented in writing to avoid potential issues in the future.