Can the Aunt Millies Bakeries agreement be changed verbally?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
§12.1 NOTICES: Any notice required or permitted under this Agreement shall be deemed properly given when personally received, or one (1) day after delivery to an overnight courier service for first day delivery, or five (5) days after deposit in the mails, return
receipt requested, first class postage pre-paid. All notices shall be addressed to DIS-TRIBUTOR at the address stated above and to AUNT MILLIE'S, at the address indicated in Schedule B attached hereto. Either party may designate another address for receipt of notices by written notice duly given in accordance with this Se
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
Based on the 2025 Aunt Millies Bakeries Franchise Disclosure Document, Article 12.1 specifies how notices related to the agreement should be delivered. Any notice required or permitted under the agreement must be either personally received, delivered via overnight courier with one-day delivery, or mailed with return receipt requested and first-class postage prepaid. This indicates a formal, written process for any official communication or notice related to the agreement.
Given the explicit requirement for written notices for any matter related to the Aunt Millies Bakeries agreement, verbal agreements or changes would likely not be considered valid or enforceable. The purpose of requiring written notice is to ensure a clear record of communication and agreement, which protects both the franchisor and the franchisee. This reduces the potential for misunderstandings or disputes over the terms of the agreement.
For a prospective Aunt Millies Bakeries franchisee, this means that any modifications, waivers, or notices related to their franchise agreement must be documented in writing to be considered valid. It is crucial to adhere to the notification methods outlined in Article 12.1 to ensure that all communications are properly documented and acknowledged. Relying on verbal agreements could leave a franchisee vulnerable in case of a dispute, as there would be no verifiable record of the agreed-upon changes or notices.