Can Bombs Away substantially modify the franchise agreement without the franchisee's written consent?
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 Bombs Away's 2024 Franchise Disclosure Document, the franchise agreement can only be modified or amended if it is in writing and signed by both parties, the franchisee and Bombs Away. This requirement ensures that both parties are in agreement with any changes made to the original contract, providing a level of protection for the franchisee.
However, Bombs Away retains the right to modify the Manual or System Standards without needing the franchisee's written consent. These modifications can include changes to operational procedures, standards, and other guidelines that franchisees must follow. While these changes can impact how a Bombs Away franchise is run, the initial franchise agreement itself remains protected from unilateral changes.
This distinction is important for prospective franchisees to understand. While the core agreement is safeguarded by the requirement for mutual written consent, Bombs Away has the flexibility to make changes to the Manual and System Standards, which could affect the day-to-day operations of the franchise. Franchisees should carefully review the scope and potential impact of these changes as outlined in the franchise agreement.