How can the Beyond Juicery Eatery Franchise Agreement be modified?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Area | Summary | |
|---|---|---|---|
| Development Agreement | |||
| t. Integration/merger clause | Section 21 | Only the terms of the Area Development Agreement are binding (subject to state law). Any representations or promises outside of the disclosure document and franchise agreement may not be enforceable. | |
| u. Dispute resolution by arbitration or mediation | Section 19 | Except for claims relating to the Marks, confidential information, trade secrets and covenants not to compete, and subject to state law, all disputes must be arbitrated in the county of our principal place of business. | |
| v. Choice of forum | Section 23.2 | Subject to state law, any litigation must be pursued in courts located in the county of our principal place of business at the time the action is filed. | |
| w. Choice of law | Section 23.1 | Subject to state law, Michigan law applies, except that disputes over the Marks will be governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sec. 1051 et seq.) and disputes over copyrights will be governed by federal copyright laws of the United States, except that the Michigan Franchise Investment Law does not apply to you unless you are a resident of the state of Michigan or your Territory is within the state of Michigan. | |
| Provision | Section in Franchise Agreement | Summary | |
| p. | Death or disability of franchisee | Section 13 | After the death or incapacity of an owner of the franchise, his or her representative must transfer, subject to the terms of the Franchise Agreement, the individual's interest in the franchise within one year of death or incapacity or we may terminate the Franchise Agreement. |
| q. | Non-competition covenants during the term of the franchise | Section 12 | You, your owners (and members of their families and households) and your officers, directors, executives, managers, professional staff, and employees are prohibited from soliciting employees; owning or operating a Competing Business or have any interest in a competing business. |
| r. | Non-competition covenants after the franchise is terminated or expires | Section 16 | For 3 years after the termination or expiration of the Franchise Agreement, you, your owners (and members of their families and households) and your officers, directors, executives, managers or professional staff are prohibited from: owning or working for a Competing Business operating within 20 miles of the franchise location designated area or within 20 miles of any other Beyond Juicery + Eatery Restaurant designated area; or soliciting or influencing any of our customers, employees or business associates to compete with us or terminate their relationship with us. |
| s. | Modification of the agreement | Section 25 | The Franchise Agreement can be modified only by written agreement between you and us. We may modify the Confidential Operations Manuals without your consent if the modification does not materially alter your fundamental rights. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 50–56)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the Franchise Agreement can only be modified through a written agreement between the franchisee and Beyond Juicery Eatery. This means that any changes to the original agreement must be formally documented and agreed upon by both parties to be considered valid. This protects both the franchisee and franchisor by ensuring that any modifications are clear, understood, and legally binding.
Beyond Juicery Eatery retains the right to modify the Confidential Operations Manuals without the franchisee's consent, provided that these modifications do not fundamentally alter the franchisee's rights. This allows Beyond Juicery Eatery to adapt its operational procedures and standards as needed to maintain brand consistency and competitiveness. However, this right is limited to changes that do not significantly impact the franchisee's core rights, ensuring a balance between the franchisor's need for operational flexibility and the franchisee's need for stability and predictability.
This provision is fairly standard in franchising, as it allows the franchisor to update operational guidelines without requiring consent for every minor change, while still protecting the franchisee from substantial alterations to their contractual rights. Prospective Beyond Juicery Eatery franchisees should carefully review the scope of the Confidential Operations Manuals and understand what constitutes a material alteration to their fundamental rights to fully grasp the implications of this clause.