How can the Big Apple Bagels franchise agreement be modified?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Addendum is to a BAGELS Franchise Agreement dated | , 20 between BAB | ||
|---|---|---|---|
| Systems, Inc. and | (Franchisee) to amend said Agreement as follows: | ||
| 1. | language to the original language that appears therein: Franchise Registration and Disclosure Law." | Paragraph 2.b. of the BAGELS Franchise Agreement on Renewal, and Paragraph 14.b. of the BAGELS Franchise Agreement on Transfer by Franchisee are amended by the addition of the following "Any provision allowing Franchisee to execute a general release of any and all claims against Franchisor shall not apply to any liability under Maryland | |
| 2. | advertising fees collected." | Paragraph 10.a. of the BAGELS Franchise Agreement on Marketing and Promotion by Franchisor is amended by the addition of the following language to the original language that appears therein: "Franchisor will provide Franchisee with an annual accounting of the | |
| 3. | Section 16 of the BAGELS Franchise Agreement on Termination by Franchisor for Cause is amended by the addition of the following language to the original language that appears therein: | ||
| "Termination upon bankruptcy of the Franchisee | under federal bankruptcy law (11 U.S.C. Section 101 et seq.)." | may not be enforceable | |
| 4. | Paragraph 18.e. of the BAGELS Franchise Agreement on Governing Law/Consent to Jurisdiction shall be amended by the addition of the following language to the original language that appears therein: "Franchisee may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law." | ||
| 5. | Paragraph 18.g. of the BAGELS Franchise Agreement on Limitation of Claims shall be amended |
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, the franchise agreement can be modified through addenda. Specifically, the document includes examples of addenda that amend certain paragraphs and sections of the original agreement. These addenda are used to incorporate changes or clarifications to the original language.
For instance, the FDD provides examples of addenda that modify paragraphs related to franchise agreement on renewal, transfer by franchisee, marketing and promotion by Big Apple Bagels, termination by Big Apple Bagels for cause, governing law/consent to jurisdiction, and limitation of claims. These modifications involve adding language to the original paragraphs to address specific legal or operational considerations.
Prospective franchisees should pay close attention to any addenda included with the franchise agreement, as these modifications become part of the legally binding contract. It is important to carefully review these changes and understand how they affect the franchisee's rights and obligations. Franchisees should seek legal counsel to fully understand the implications of any addenda to the Big Apple Bagels franchise agreement.