What section of the Carbones Pizzeria Franchise Agreement covers modification of the agreement?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in | Summary | |
|---|---|---|---|
| Franchise Agreement | new initial franchise fee). (See also “Noncompetition covenants after the franchise is terminated or expires” below.) | ||
| n. Franchisor’s right of first | Section 13(a) | We can match any offer for your business | |
| refusal to acquire franchisee’s business | |||
| o. Franchisor’s option to purchase franchisee’s business | Section 16 | We have right to purchase your inventory and merchandise bearing the Marks upon termination or expiration without renewal of yourfranchise. | |
| p. Death or disability of franchisee | Section 14 | Your heirs can assume your rights, but if they do, they must meet the transfer requirements. | |
| q. Non-competition covenants during the term of the franchise | Section 4 | No involvement in competing business anywhere during the term of the Franchise Agreement or in any business or venture that is granting franchises or licenses for the operation of a competing business. A competing business an eat-in, or take-out, or combination eat-in/take out restaurant of other facility which serves pizza. | |
| r. Non-competition covenants after the franchise is terminated or expires | Section 4 | No involvement in any competing business for 2 years in the Franchisee Territory, within a radius of 25 miles from the Franchisee Territory or a radius of 5 miles from any other restaurant or other facility operated under the Marks. Same restrictions apply to any business or venture that is granting franchises or licenses for the operation of a competing business. | |
| s. Modification of the agreement | Section 24 | No modifications without consent of all parties but manuals are subject to our unilateral change | |
| t. Integration/merger clause | Section 24 | Only the terms of the Franchise Agreement are binding (subject to state law). Any other promises or representations (other than representations in this Disclosure Document) may not be enforceable. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 24–26)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, Section 24 of the Franchise Agreement addresses the modification of the agreement. This section stipulates that no modifications can be made without the consent of all parties involved. However, the manuals are subject to unilateral change by Carbones Pizzeria.
This means that while the core Franchise Agreement requires mutual consent for changes, Carbones Pizzeria retains the right to update its operational manuals independently. For a franchisee, this implies that the day-to-day operational guidelines and standards can be altered by Carbones Pizzeria without requiring the franchisee's explicit agreement. Franchisees must stay informed of any manual updates to ensure compliance.
Additionally, Section 24 contains an integration/merger clause, stating that only the terms of the Franchise Agreement are binding, subject to state law. This clause reinforces that any promises or representations made outside of the Franchise Agreement (excluding those in the Disclosure Document) may not be enforceable. Therefore, prospective Carbones Pizzeria franchisees should ensure that all critical terms and conditions are clearly documented within the Franchise Agreement to avoid potential disputes or misunderstandings.