Under the Atwell Suites Agreement, how can the terms and conditions of the agreement be amended, waived, or modified?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
The terms and conditions of this Agreement may not be amended, waived, or modified, except in a writing signed by both Parties.
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We may modify any provision of the Agreement by providing written notice to you.
You may choose not to accept the requirements of any such change by terminating the Agreement within twenty (20) days of receiving notice.
For purposes of this section, an electronic or "click-wrap" notice intended to modify or amend the Agreement and which you check "I Accept" or "I Agree" or otherwise accept through an electronic process, shall constitute in writing as required herein.
This Section 19.7 does not apply to changes to Third Party Based Fees, which are governed by Section 6.2, or to changes made pursuant to Section 2.6.
For avoidance of doubt, you do not have any termination right with respect to any changes to Third Party Based Fees or with respect to any changes made in connection with our rights under Section 2.6
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, the terms and conditions of the agreement can only be amended, waived, or modified through a written document signed by both parties. This requirement ensures that any changes to the original agreement are formally documented and agreed upon by both Atwell Suites and the franchisee, providing clarity and legal protection for both parties.
This clause is standard in franchise agreements to prevent misunderstandings or disputes arising from verbal agreements or informal communications. By requiring a written and signed amendment, Atwell Suites ensures that all modifications are clear, unambiguous, and legally binding. This protects both the franchisor and the franchisee by providing a clear record of any changes to their contractual obligations.
However, an amendment included in the 2025 FDD states that Atwell Suites may modify any provision of the agreement by providing written notice to the franchisee. The franchisee may choose to not accept the requirements of any such change by terminating the agreement within twenty (20) days of receiving notice. This does not apply to changes to Third Party Based Fees, which are governed by Section 6.2, or to changes made pursuant to Section 2.6. The franchisee does not have any termination right with respect to any changes to Third Party Based Fees or with respect to any changes made in connection with Atwell Suites' rights under Section 2.6.