According to the Carvel Franchise Agreement, can the manuals be changed?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provisions | Agreement | Summary |
|---|---|---|
| g. You and your guarantors and owners must sign a general release and remain liable for pre-Transfer obligations | ||
| HES: 20.Q. | If you operate a Hosted Express Shoppe, you must also transfer the Host Facility with your transfer under the Franchise Agreement. | |
| n. Our right of first | FA: 16.8 | We can match any offer for your Shoppe or |
| refusal to acquire your | substantially all interest in your entity. | |
| business | HES: 20.Q. | Above not applicable for a Hosted Express Shoppe. |
| o. Our option to | FA: 18.4 | We may purchase your Goods related to the Shoppe |
| purchase your business | at the fair market value (exclusive of goodwill) and may purchase your Accepted Location if you own it or your interest in any lease. | |
| HES: 20.V. | Above not applicable for a Hosted Express Shoppe. | |
| p. Your death or | FA: 16.6 | Upon 180 days from your death or permanent |
| disability | incapacity you must transfer all rights and interests to buyer that complies with Transfer provisions, except no Transfer Fee will be due. | |
| q. Non-competition | FA: 15.4 | Subject to state law, no involvement in a competitive |
| covenants during the | business (generally, similar types of businesses that | |
| term of the franchise | offer products the same or similar to the Approved Products) anywhere. You may not divert or attempt to divert any business or potential business, misuse vendor relationships, or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Proprietary Marks and the System. | |
| r. | FA: 15.4.B. | Subject to state law, for 12 months after expiration or |
| Non-competition | ||
| covenants after the | termination, no involvement in a competitive business | |
| franchise is terminated or | at the Accepted Location, within 3 miles of your | |
| expires | Accepted Location, or within 3 miles of any Shoppe; and no diverting or attempting to divert any business from any Shoppe. | |
| s. | FA: 8.3, 22.2 | No oral modifications, but we can change the |
| Modification of the | ||
| agreement | and 22.3 | Manuals. |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 84–91)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, the franchise agreement specifies that Carvel has the right to modify the manuals. Specifically, section 8.3, 22.2 and 22.3 of the Franchise Agreement state that while oral modifications to the agreement are not allowed, Carvel can change the manuals.
This provision is important for prospective franchisees because it means that the operating procedures, standards, and other guidelines outlined in the Carvel manuals are subject to change during the term of the franchise agreement. Franchisees must stay informed of any updates to the manuals and ensure their Carvel Shoppe operations comply with the latest requirements.
While Carvel has the right to change the manuals, franchisees do have recourse if they feel the changes are unreasonable or negatively impact their business. Franchisees should maintain open communication with Carvel and seek clarification on any changes to the manuals. If disputes arise, the franchise agreement outlines a process for dispute resolution, which may include arbitration or mediation.