Besides the Aw franchise agreement itself, what other documents constitute the entire agreement between Aw and the franchisee?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.6 Entire Agreement; Modification. This Agreement, together with the introduction and exhibits and attachments to it and the Operations Manual and all other written standards, specifications or policies issued by us, constitute the entire agreement between us, and there are no other oral or written understandings or agreements between us concerning the subject matter of this Agreement. However, this Paragraph does not disclaim the representations we have made in our Franchise Disclosure Document that was furnished to you. Except for modifications permitted to be made unilaterally by us, this Agreement may be modified only by written agreement signed by both you and us.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the entire agreement between Aw and the franchisee consists of the Franchise Agreement itself, along with its introduction, exhibits, and attachments. Additionally, the Operations Manual and all other written standards, specifications, or policies issued by Aw are included as part of the entire agreement.
This comprehensive definition of the agreement is important for prospective franchisees because it clarifies that their obligations and rights extend beyond just the Franchise Agreement document. Franchisees must also adhere to the guidelines outlined in the Operations Manual and any other written communications from Aw. This ensures consistency and standardization across all Aw franchise locations.
However, the FDD also specifies that the representations Aw made in its Franchise Disclosure Document are not disclaimed by this paragraph. This means that Aw cannot later argue that the franchisee should not rely on the information provided in the FDD. Any modifications to the agreement must be made in writing and signed by both Aw and the franchisee, except for changes Aw is permitted to make unilaterally. Franchisees should pay close attention to all these documents to fully understand their contractual obligations and rights.