Can the Auntie Annes franchise agreement be amended orally?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
You understand that the Franchise Agreement contains the entire agreement between us and you concerning the franchise for the Auntie Anne's® franchise, meaning any prior oral or written statements not set out in the Franchise Agreement will not be binding. YOU UNDERSTAND THAT YOUR ACKNOWLEDGEMENT OF THE STATEMENTS ABOVE ARE IMPORTANT TO US AND THAT WE WILL RELY ON THEM. BY SIGNING THIS ACKNOWLEDGEMENT, YOU ARE REPRESENTING THAT YOU HAVE CONSIDERED EACH STATEMENT CAREFULLY AND THAT EACH STATEMENT IS ACCURATE AND TRUTHFUL.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to the 2024 Auntie Annes Franchise Disclosure Document, the franchise agreement contains the entire agreement between Auntie Annes and the franchisee. This means that any prior oral or written statements not included in the Franchise Agreement are not binding. This clause is designed to prevent misunderstandings or disputes based on claims of verbal agreements or promises made outside of the written contract.
This provision protects both Auntie Annes and the franchisee by ensuring that all obligations and agreements are clearly documented in the Franchise Agreement. It prevents franchisees from relying on verbal promises or representations that are not explicitly stated in the written agreement. Similarly, it protects Auntie Annes from being held accountable for unauthorized statements or promises made by its employees or representatives.
As a prospective franchisee, it is crucial to ensure that all important terms and conditions are included in the written Franchise Agreement. Any verbal promises or agreements should be documented in writing and incorporated into the agreement before signing. This will help avoid potential disputes and ensure that both parties are clear on their respective rights and obligations. If a statement is found to be inaccurate or untrue, the prospective franchisee should immediately email Tim Goodman, Senior Vice President of Franchise Administration, at tgoodman@gotofoods.com and provide an explanation.