How can the Aw Franchise Agreement be modified?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE AGREEMENT | SUMMARY |
|---|---|---|
| n. Franchisor’s right of first refusal | Section 14.6 | We can match any offer for your business or an |
| to acquire franchisee’s business | ownership interest in you. | |
| o. Franchisor’s option to purchase franchisee’s business | Section 16.7 | We may within 30 days of termination or expiration purchase certain assets of your Papa Ray’s Pizza Restaurant at lesser of cost or fair market value. |
| p. Death or disability of franchisee | Section 14.4 | Franchise or ownership interest in you must be assigned to approved buyer within 6 months. |
| q. Non-competition covenants | Section 9.3 | No involvement in competing business |
| during the term of the franchise | anywhere. | |
| r. Non-competition covenants after the franchise is terminated or expires | Section 17.1 | No involvement in a competing business for 2 years within 20 miles of your Papa Ray’s Pizza Restaurant or of any other Papa Ray’s Pizza Restaurant (same restrictions apply after assignment). |
| s. Modification of the Agreement | Sections 6.2 and 19.6 | Operations Manual and standards and specifications are subject to change. No modifications to the Franchise Agreement except if in writing and signed by both parties. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 34–36)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the Operations Manual, standards, and specifications are subject to change. However, the Franchise Agreement itself can only be modified if the changes are made in writing and signed by both Aw and the franchisee. This ensures that any alterations to the original agreement are formally documented and agreed upon by all parties involved, protecting the interests of both Aw and the franchisee.
This requirement for written and signed modifications is a standard practice in franchising. It prevents misunderstandings or disputes that could arise from verbal agreements or informal changes. By requiring a written agreement, Aw ensures that all modifications are clear, unambiguous, and legally binding.
Prospective Aw franchisees should understand that while Aw can update its Operations Manual and standards, the core terms of the Franchise Agreement are fixed unless both parties agree to a written modification. This provides a level of stability and predictability for the franchisee, as the fundamental obligations and rights outlined in the agreement cannot be unilaterally changed by Aw.