Besides actions permitted unilaterally by the Franchisor, what is required for any amendment, change, or variance to the Bft agreement to be binding on either party?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement, the documents referred to herein, and the exhibits hereto, constitute the entire and only agreement between the Parties concerning the granting and awarding the Development Rights granted hereunder, and supersede all prior and contemporaneous agreements. Except for those permitted to be made unilaterally by Franchisor hereunder, no amendment, change or variance from this Agreement shall be binding on either Party unless mutually agreed to by the Parties and executed by their authorized officers or agents in writing.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, any amendment, change, or variance to the franchise agreement must be mutually agreed upon by both parties. Additionally, the change must be executed in writing by authorized officers or agents of both Bft and the franchisee to be binding. This requirement ensures that both parties are in complete agreement regarding any modifications to the original contract terms.
This clause protects both Bft and the franchisee by preventing unilateral changes to the agreement, except for those explicitly permitted to Bft within the original agreement. It ensures that all modifications are documented and agreed upon in writing, reducing the potential for misunderstandings or disputes. This is a standard practice in franchising, as it provides a clear and enforceable framework for the franchise relationship.
Prospective franchisees should carefully review the franchise agreement to understand what actions Bft can take unilaterally. They should also be aware of the process required for any amendments to ensure their interests are protected. Understanding these terms is crucial for maintaining a stable and predictable business relationship with Bft.