For Bevaris Alliance, can an authorized representative sign a variation of the agreement?
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 the 2024 Bevaris Alliance Franchise Disclosure Document, any variation to the franchise agreement must be in writing and signed by the parties involved or their authorized representatives. This means that if there are any changes or modifications to the original agreement, they must be documented in writing and properly signed to be considered valid and enforceable.
This requirement ensures that all parties are aware of and agree to any changes made to the franchise agreement, protecting both the franchisee and Bevaris Alliance. It prevents misunderstandings or disputes that could arise from verbal agreements or undocumented changes. The written and signed variation serves as a clear record of the agreed-upon modifications.
For a prospective Bevaris Alliance franchisee, this means that any discussions or promises made by the franchisor that are not included in the original agreement or a written and signed variation are not legally binding. It is crucial to ensure that all important terms and conditions are documented in writing and properly authorized to avoid potential issues in the future. This is a fairly standard clause in franchise agreements.
It is also important to note that the agreement, the Manual, and any documents referred to within them constitute the entire agreement between the parties, superseding any prior agreements or understandings. This further emphasizes the importance of having all relevant terms and conditions documented in the franchise agreement and any subsequent written variations.