Besides a written agreement, what other exceptions exist for modifying the Beard Papas franchise agreement?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
| r. | Non-competition covenants after the franchise is terminated or expires | 6, 17.E. | No involvement, ownership, or interest whatsoever for 24 months in any competing business in: your Designated Territory; a 25-mile radius of your Designated Territory; a 10-mile radius of the Designated Territory of any other Shop; and you must comply with confidentiality, non disclosure and non-solicitation covenants. |
|---|---|---|---|
| s. | Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral |
| changes that we may make to the Manuals or our unilateral | |||
| reduction of the scope of a restrictive covenant that we may | |||
| make in our discretion. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 43–51)
What This Means (2025 FDD)
According to Beard Papas's 2025 Franchise Disclosure Document, the franchise agreement can only be modified by a written agreement between the franchisee and Beard Papas. However, there are exceptions to this rule.
The FDD states that Beard Papas may make unilateral changes to the manuals. These changes do not require the franchisee's written consent. Additionally, Beard Papas can unilaterally reduce the scope of a restrictive covenant at their discretion, without needing a written agreement from the franchisee.
This means that while significant changes to the core agreement require mutual consent, Beard Papas retains the flexibility to adjust operational guidelines and non-compete terms without franchisee approval. Prospective franchisees should understand that the manuals, which govern day-to-day operations, are subject to change at Beard Papas's discretion. Franchisees should stay informed of any updates to the manuals to ensure compliance and maintain a successful Beard Papas franchise.