Under what condition is a modification of the Carbones Pizzeria franchise agreement considered 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 modification to the franchise agreement must be in writing and signed by both the franchisee and Carbones Pizzeria to be considered valid. This requirement ensures that both parties are fully aware of and agree to any changes made to the original agreement, providing a clear record of the modifications. However, Carbones Pizzeria retains the right to unilaterally modify or change the manuals provided to franchisees.
This stipulation is a standard practice in franchising, as it protects both the franchisor and franchisee by preventing disputes over alleged verbal agreements or misunderstandings. The written requirement ensures clarity and enforceability. The exception for manual modifications allows Carbones Pizzeria to update operational procedures and standards without requiring individual franchisee signatures, which is common in franchise systems to maintain consistency and adapt to changing market conditions.
For a prospective Carbones Pizzeria franchisee, this means that any negotiated changes to the franchise agreement must be documented in writing and formally signed. It also implies that while the core agreement is protected by this requirement, operational manuals are subject to change at the discretion of Carbones Pizzeria. Franchisees should pay close attention to any updates to these manuals, as they are obligated to comply with them.