Can Care Plus Medical Ucc modify the Manual without a written amendment to the agreement?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
audit because Franchisee failed to submit required reports or was otherwise not in compliance with the System, or (ii) the audit reveals that Franchisee understated Gross Sales by 3% or more for any 4-week period.
ARTICLE 11. FRANCHISOR RIGHTS
- 11.1 Manual; Modification. The Manual, and any part of the Manual, may be in any form or media determined by Care Plus Medical UCC. Care Plus Medical UCC may supplement, revise, or modify the Manual, and Care Plus Medical UCC may change, add or delete System Standards at any time in its discretion. Care Plus Medical UCC may inform Franchisee thereof by any method that Care Plus Medical UCC deems appropriate (which need not qualify as "notice" under Section 18.9). In the event of any dispute as to the contents of the Manual, Care Plus Medical UCC's master copy will control.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, Care Plus Medical Ucc has the right to modify the Manual without a written amendment to the franchise agreement. Specifically, Care Plus Medical UCC may supplement, revise, or modify the Manual and change, add, or delete System Standards at any time at its discretion.
This means that as a Care Plus Medical Ucc franchisee, you must adhere to the Manual and System Standards, which Care Plus Medical Ucc can alter at any time. Care Plus Medical UCC can inform franchisees of these changes through any method they deem appropriate, which may not qualify as formal written notice. In case of a dispute about the Manual's contents, Care Plus Medical UCC's master copy will be the controlling document.
Furthermore, the franchise agreement states that no modification or amendment of the agreement will be effective unless it is in writing and signed by both parties. However, this does not limit Care Plus Medical UCC's rights to modify the Manual or System Standards. Therefore, Care Plus Medical Ucc retains the explicit right to unilaterally change the operating procedures and standards outlined in the Manual without requiring your consent or a formal amendment to the franchise agreement.