Can the Carvel agreement be altered or modified without a written agreement signed by both parties?

According to Carvel's 2025 Franchise Disclosure Document, the Guaranty agreement ensures the franchisee's obligations to Carvel are met under the Franchise Agreement, including any amendments. Specifically, the guarantor is responsible for the franchisee's obligations under the original agreement and any subsequent changes. This implies that any modifications or amendments to the Franchise Agreement would also fall under the Guarantor's obligations, suggesting that such changes would need to be documented and agreed upon.

This requirement protects Carvel by ensuring that any changes to the Franchise Agreement are also guaranteed by the Guarantor, providing an additional layer of security for Carvel. It also ensures that all parties are aware of and agree to the modifications, reducing the potential for disputes. For a prospective franchisee, this means that any changes to their agreement will also require the consent and guarantee of their Guarantor, which could be a significant consideration depending on the nature of the changes and the relationship with the Guarantor.

While the document specifies that the Guarantor is responsible for obligations under any amendment to the Franchise Agreement, it does not explicitly state that all modifications must be in writing and signed by both parties to be valid. A prospective franchisee should seek clarification from Carvel regarding the specific procedures for amending the Franchise Agreement and whether written consent is explicitly required for all modifications to be enforceable.