How can the Aunt Millies Bakeries agreement be changed or modified?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
- §12.9 NECESSARY MODIFICATION: In the event any provision of this Agreement is found to be invalid, contrary to, or in conflict with any applicable present or future law or regulation in a final ruling by any court, agency or tribunal possessing competent jurisdiction, this Agreement shall be deemed modified to the extent necessary
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to the 2025 Aunt Millies Bakeries FDD, the Distribution Agreement can be modified under specific circumstances. If any provision of the agreement is deemed invalid or conflicts with any applicable law or regulation by a court, agency, or tribunal with competent jurisdiction, the agreement will be modified to the extent necessary to comply with such ruling. This ensures that the agreement remains enforceable and compliant with current legal standards.
Additionally, Aunt Millies Bakeries retains the right to change the profit margins on products sold by the distributor at any time. The distributor also agrees that non-recurring charges, as noted on Form IO13 (Schedule C), will be assessed and deducted from the weekly settlement, regardless of whether the distributor signs the form. These charges on Schedule C are also subject to change by Aunt Millies Bakeries at any time.
Furthermore, Aunt Millies Bakeries may modify the proprietary software system used for route sales accounting. The distributor is granted a limited, non-transferable license to use this software, which may be amended from time to time. The distributor does not acquire any other rights in the software and is prohibited from modifying, decompiling, or reverse engineering it. These modifications ensure that Aunt Millies Bakeries can update and improve its systems as needed, while the distributor must adapt to these changes.