Can the Aw Franchise Agreement be modified orally?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE AGREEMENT | SUMMARY |
|---|---|---|
| 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. |
| t. Integration/merger clause | Section 19.6 | Only terms of the Franchise Agreement (including exhibits, attachments, Operations Manual and other written materials) and representations made in this Disclosure Document are binding. |
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 Franchise Agreement cannot be modified orally. The FDD states that changes to the Operations Manual, standards, and specifications are permissible. However, any modifications to the actual Franchise Agreement must be in writing and signed by both Aw and the franchisee to be considered valid.
This requirement for written modifications is a standard practice in franchising. It protects both the franchisee and Aw by ensuring that any changes to the agreement are clearly documented and agreed upon by both parties, reducing the potential for misunderstandings or disputes later on.
The integration/merger clause reinforces this by stating that only the terms within the Franchise Agreement, including exhibits, attachments, the Operations Manual, and other written materials, along with representations made in the Disclosure Document, are binding. This means that any verbal promises or agreements made outside of these written documents are not enforceable, providing further clarity and legal protection for both parties.