factual

What is the required form of consent for modifications to the Bombs Away franchise agreement?

Bombs_Away Franchise · 2024 FDD

Answer 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 Bombs Away's 2024 Franchise Disclosure Document, any modification or amendment 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 formally documented and agreed upon by both parties, preventing misunderstandings or disputes over verbal agreements or informal communications. However, this requirement does not limit Bombs Away's rights to modify the Manual or System Standards.

This provision is typical in franchise agreements, as it protects both the franchisor and franchisee by providing a clear record of any changes to their contractual obligations. It ensures that neither party can later claim that they were unaware of a modification or that they did not agree to it. The written and signed requirement offers a layer of legal protection and clarity.

Prospective Bombs Away franchisees should pay close attention to this clause, ensuring that any modifications they negotiate are properly documented and signed by an authorized representative of Bombs Away. Failure to do so could result in the modification being deemed unenforceable, potentially leading to disputes and legal issues down the line. Franchisees should also be aware that Bombs Away retains the right to modify the Manual or System Standards, which may impact the operation of their franchise, without requiring a signed agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.