Can the terms and conditions in the then-current franchise agreement for Bft differ materially from the original Franchise Agreement?
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. This Agreement does not alter other agreements between Franchisor or its affiliates and Developer or its affiliates. Nothing in this Agreement or in any related agreement, however, is intended to disclaim the representations Franchisor made in the Franchise Disclosure Document that Franchisor furnished to Developer. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Faxed, scanned or electronic signatures shall have the same effect and validity, and may be relied upon in the same manner, as original signatures.
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, the franchise agreement, documents referred to within, and exhibits constitute the entire agreement between the parties regarding the granting and awarding of development rights. This agreement supersedes all prior agreements.
Except for changes Bft can make unilaterally, any amendment, change, or variance must be mutually agreed upon in writing by authorized officers or agents to be binding. The agreement does not alter other agreements between Bft or its affiliates and the developer or its affiliates.
However, nothing in the agreement disclaims the representations Bft made in the Franchise Disclosure Document furnished to the developer. The agreement can be executed in multiple counterparts, each considered an original, and faxed, scanned, or electronic signatures have the same validity as original signatures.