Must amendments to the Benjamin Franklin Plumbing franchise agreement be in writing?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 22.12. Entire Agreement.
This Agreement and its Appendices constitute the entire agreement between Franchisor and Franchisee and the Owners concerning the Franchised Business.
It supersedes all prior agreements, negotiations, representations, and correspondence concerning the same subject matter, except that nothing in this Agreement is intended to disclaim any representations made in any Franchise Disclosure Document that you received from us in connection with this Agreement.
No amendment, change, or variance from this Agreement will be binding unless agreed to in writing and signed by authorized representatives of each party.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, any amendments, changes, or variances to the franchise agreement must be in writing to be considered binding. Both authorized representatives from Benjamin Franklin Plumbing and the franchisee must sign the written amendment. This requirement ensures that all modifications to the original agreement are clearly documented and agreed upon by both parties, preventing potential misunderstandings or disputes.
This stipulation is typical in franchising, as it provides a clear record of any changes to the contractual relationship. It protects both the franchisee and Benjamin Franklin Plumbing by ensuring that neither party can later claim that an undocumented verbal agreement altered the terms of the franchise agreement. The written requirement offers a level of certainty and legal enforceability to any modifications.
Furthermore, the franchise agreement and its appendices constitute the entire agreement between Benjamin Franklin Plumbing and the franchisee, superseding any prior agreements or discussions. The only exception to this is any representations made in the Franchise Disclosure Document itself. This clause reinforces the importance of the written agreement as the definitive source of the terms and conditions of the Benjamin Franklin Plumbing franchise.