Can Carbones Pizzeria unilaterally modify the franchise agreement?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
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, the franchise agreement itself can only be modified through a written agreement signed by both the franchisee and franchisor. This means that Carbones Pizzeria cannot unilaterally change the core terms and conditions of the franchise agreement after it has been signed. This provides a level of security and predictability for the franchisee, as changes to the agreement require their consent.
However, Carbones Pizzeria retains the right to unilaterally modify or change the contents of its operations manual(s). The operations manual typically contains the detailed procedures, standards, and guidelines for operating a Carbones Pizzeria franchise. These modifications can be implemented by Carbones Pizzeria without requiring the franchisee's signature or consent.
While Carbones Pizzeria needs the franchisee's consent to modify the franchise agreement, franchisees must stay current with changes to the operations manual. Franchisees should pay close attention to updates and modifications to the manual, as these changes are binding and can impact how they operate their Carbones Pizzeria franchise. This is a fairly standard practice in franchising, as it allows the franchisor to adapt to changing market conditions, improve operational efficiency, and maintain brand consistency across all locations.