In the Bevaris Alliance agreement, must variations be signed by all parties?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
27.4 Entire agreement.
- (a) This agreement, the Manual, and any documents referred to in it or annexed to it constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- (b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it
- shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- (c) If there is an inconsistency between the terms of this agreement and the Manual, or any other documents referred to in it or annexed to it, the terms of this agreement shall prevail.
- 27.5 Variation. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, any changes or variations to the franchise agreement must be documented in writing and signed by all parties involved, or their authorized representatives, to be considered valid and effective. This requirement ensures that all parties are aware of and agree to any modifications made to the original agreement, preventing potential misunderstandings or disputes. This protects both the franchisor and the franchisee by ensuring mutual agreement on any changes.
This clause emphasizes the importance of formalizing any alterations to the franchise agreement to maintain clarity and legal enforceability. By requiring written documentation and signatures, Bevaris Alliance ensures that all modifications are officially recognized and binding. This process helps to avoid ambiguity and provides a clear record of any agreed-upon changes, which is crucial for the ongoing relationship between the franchisor and franchisee.
For a prospective Bevaris Alliance franchisee, this means that any negotiated changes or amendments to the standard franchise agreement must be put in writing and properly signed by both the franchisee and an authorized representative of Bevaris Alliance. Verbal agreements or informal understandings will not be considered valid. This requirement protects the franchisee by ensuring that any modifications they agree to are officially documented and legally binding on the franchisor as well.