Can Beyond Juicery Eatery unilaterally modify the franchise agreement?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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 Beyond Juicery Eatery cannot unilaterally change the franchise agreement without the franchisee's consent. This provision protects the franchisee's rights and ensures that any changes to the agreement are mutually agreed upon.
However, Beyond Juicery Eatery retains the right to modify the Confidential Operations Manuals without the franchisee's consent. This is permitted only if the modification does not materially alter the franchisee's fundamental rights. The Confidential Operations Manuals likely contain detailed procedures and guidelines for operating the franchise, and Beyond Juicery Eatery needs the flexibility to update these manuals to maintain consistency and efficiency within the franchise system.
This distinction between the franchise agreement and the operations manuals is important for prospective franchisees. While the core terms of the franchise agreement are protected from unilateral changes, franchisees must be prepared to adapt to changes in the operations manuals. Franchisees should carefully review the scope of the operations manuals and understand what types of changes Beyond Juicery Eatery might make without their consent. It is also important to understand what constitutes a "material" change to the franchisee's fundamental rights, as this is the standard that limits Beyond Juicery Eatery's ability to unilaterally modify the operations manuals.