Must modifications to the Bombs Away franchise agreement be in writing?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD 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.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, any modifications or amendments to the franchise agreement must be in writing and signed by both Bombs Away and the franchisee to be considered effective. This requirement ensures that all changes to the original agreement are documented and agreed upon by both parties, preventing potential misunderstandings or disputes.
This provision is typical in franchise agreements, as it provides clarity and legal certainty. However, Bombs Away retains the right to modify the Manual or System Standards without requiring a written amendment signed by the franchisee. This allows Bombs Away to adapt its operational guidelines and standards as needed without the need for individual franchisee consent for each change.
For a prospective Bombs Away franchisee, this means that any negotiated changes to the franchise agreement before signing must be documented in writing and signed by both parties to be enforceable. Franchisees should pay close attention to this clause and ensure that all agreed-upon modifications are properly documented to protect their interests.