Can the Auntie Annes franchise agreement be amended verbally?
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 will not be binding.
This clause is fairly standard in franchise agreements. It protects both the franchisee and Auntie Annes by ensuring that all terms are written and agreed upon. It prevents either party from later claiming that a verbal agreement or understanding should be enforced, if it's not written in the franchise agreement.
As a prospective franchisee, it is important to ensure that all promises or agreements made by Auntie Annes are included in the written franchise agreement. If there are any discrepancies between what was verbally promised and what is written in the agreement, it is crucial to address these before signing the agreement. This acknowledgement confirms that the franchisee understands the importance of the written agreement and that Auntie Anne's relies on this understanding.