Must modifications to the Carbones Pizzeria franchise agreement be in writing to be valid?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
24. Entire Agreement; Modification.
The recitals and Rider hereto are a part of this Agreement, which constitutes the entire agreement of the parties, and at the time of this Agreement, there are no other oral or written understandings or agreements between Franchisor and Franchisee relating to the subject matter of this Agreement other than the agreements and other documents referenced herein; provided, however, nothing in this or in any related agreement is intended to disclaim any representations Franchisor made in the Franchise Disclosure Document furnished to Franchisee. No modification of this Agreement shall be valid unless such modification is in writing and signed by Franchisee and Franchisor; provided, however, Franchisor may unilaterally modify or otherwise change the Manual(s).
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, any modifications to the franchise agreement must be in writing to be considered valid. This requirement ensures that all changes are clearly documented and agreed upon by both the franchisor and the franchisee, preventing potential misunderstandings or disputes.
This provision is typical in franchise agreements, as it provides a layer of legal protection for both parties. It ensures that any alterations to the original terms are formally recorded and acknowledged, reducing the risk of conflicting interpretations or claims. Without a written modification, any verbal agreements or understandings would not be enforceable.
However, the Carbones Pizzeria franchise agreement specifies one exception to this rule: the franchisor retains the right to unilaterally modify or change the manuals. This means that Carbones Pizzeria can make changes to its operating procedures, standards, or guidelines without requiring the franchisee's written consent. While franchisees must adhere to these changes, they do not have the same power to alter the core franchise agreement, highlighting the franchisor's control over the system's operational aspects.