How can the Bombs Away franchise agreement be modified or amended?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
Bombs Away Franchising's affiliates.
- 18.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and representations. Nothing in this Agreement or in any related agreement is intended to disclaim the representations made by Bombs Away Franchising in its franchise disclosure document.
- 18.4 Modification. No modification or amendment of this Agreement will be effective unless it is in writing and signed by both parties. This provision does not limit Bombs Away Franchising's rights to modify the Manual or System Standards.
- **18.5 Consent;
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, the franchise agreement can only be modified or amended if the changes are documented in writing and signed by both the franchisee and Bombs Away Franchising. This requirement ensures that any alterations to the original agreement are formally acknowledged and agreed upon by all parties involved, preventing potential disputes arising from verbal agreements or misunderstandings. This clause does not limit Bombs Away's right to modify the Manual or System Standards.
This provision is typical in franchise agreements, as it provides a clear and legally sound process for making changes. It protects both the franchisee and Bombs Away by requiring mutual consent and written documentation for any modifications. Franchisees should pay close attention to this clause, ensuring that any agreed-upon changes are properly documented and signed to avoid future disagreements.
Additionally, the FDD includes riders that amend the franchise agreement, requiring the franchisee to fill in the date of the agreement and their name. These riders are incorporated into the franchise agreement to make changes or additions to the original terms.