Must amendments to the Buildingstars Franchise Agreement be in writing?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement and all other written agreements related to this Agreement and expressly referenced in this Agreement, represent the entire understanding and agreement between the parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between the parties. No representations, inducements, promises or agreements, oral or otherwise, if any, not embodied in this Agreement shall be of any force and effect; provided, however, that nothing in this or any related agreement is intended to disclaim BUILDINGSTARS' representations made in the franchise disclosure document that was furnished to FRANCHISEE in connection with the offering to operate the Business. No amendment to this Agreement is binding unless executed in writing by both parties.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, any amendments to the Franchise Agreement must be in writing to be considered binding. This requirement is explicitly stated within the 'MISCELLANEOUS PROVISIONS' section of the agreement. This stipulation ensures that all modifications to the original contract are documented and agreed upon by both Buildingstars and the franchisee, preventing potential disputes arising from verbal agreements or misunderstandings.
This provision is a standard practice in franchising, as it provides clarity and legal certainty to the contractual relationship. By requiring written amendments, Buildingstars aims to protect both its interests and those of its franchisees, ensuring that all parties are fully aware of any changes to their obligations and rights. This also aligns with the 'Entire Agreement' clause, which states that the written agreement supersedes any prior oral or unwritten understandings.
For a prospective Buildingstars franchisee, this means that any changes they negotiate or agree upon with Buildingstars must be formally documented and signed by both parties to be enforceable. Franchisees should be cautious of any verbal promises or agreements that are not reflected in a written amendment to the Franchise Agreement. It is advisable to seek legal counsel to review any proposed amendments before signing to ensure they fully understand the implications of the changes.
In summary, the requirement for written amendments provides a layer of protection and clarity for both Buildingstars and its franchisees, ensuring that all modifications to the Franchise Agreement are properly documented and legally binding.