What information must be included in a notice to be binding under the Carls Jr. franchise agreement?
Carls_Jr Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly set forth herein, no amendment, change or variance from this Agreement shall be binding on either party unless mutually agreed to by the parties and executed in writing. Notwithstanding the foregoing, nothing in this Agreement is intended to disclaim any representation made in the Carl's Jr. Franchise Disclosure Document provided to Developer.
Source: Item 23 — RECEIPTS (FDD pages 76–364)
What This Means (2025 FDD)
According to the 2025 Carls Jr. Franchise Disclosure Document, any amendment, change, or variance from the agreement must be mutually agreed to by the parties and executed in writing to be binding. This means that any modifications to the original franchise agreement must be documented in writing and signed by both Carls Jr. and the franchisee to be legally enforceable.
This requirement ensures that both Carls Jr. and the franchisee are fully aware of and consent to any changes to their contractual obligations. It protects both parties from misunderstandings or disputes that could arise from oral agreements or undocumented modifications. It is a standard practice in franchising to require written agreements for any changes to the franchise agreement.
However, the document also states that this does not disclaim any representation made in the Carl's Jr. Franchise Disclosure Document provided to the Developer. This means that any claims made within the FDD are still valid, even if they are not explicitly reiterated in the franchise agreement itself.