What section of the Carvel Franchise Agreement is amended by Section 22.11 regarding additional terms and inconsistent terms?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
- 20. Section 22.11 (Additional Terms; Inconsistent Terms): The following additional terms amend the applicable Sections of the Agreement:
- A. Section 1.1 (Grant of Franchise) is deleted and replaced with the following:
- 1.1 Grant of Franchise. Subject to the terms of this Agreement, we grant to you, and you accept, a non-exclusive license to operate one Business using the Marks and the System (collectively, your "Franchised Business"). Your Franchised Business shall operate as a Carvel® ice cream truck (an "Ice Cream Truck"), which shall sell a limited selection of Approved Products designated by us. You may only operate the Ice Cream Truck within the geographic area specified in Schedule A (the "Accepted Location"), unless you receive our written consent to operate outside of the Accepted Location (which consent we may withhold or revoke at any time for any reason).
- B. Section 2.1 (Initial Term) is deleted in its entirety and replaced with the following:
- 2.1 Initial Term. The initial term of this Agreement (the "Initial Term") will begin on the Effective Date and will end 5 years from the date that your Franchised Business opens for business (the "Opening Date"), unless this Agreement is terminated sooner as provided in other sections of this Agreement.
- C. Section 2.2 (Renewal Term) is amended to delete the first sentence in its entirety and replace it with the following sentence:
We may, in our sole discretion, grant you one additional 5-year term (the "Renewal Term," and collectively, with the Initial Term, the "Term").
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to the 2025 Carvel Franchise Disclosure Document, Section 22.11, titled "Additional Terms; Inconsistent Terms," amends various sections of the standard Carvel Franchise Agreement. These amendments depend on the specific type of Carvel franchise being offered.
For Carvel Ice Cream Truck franchises, Section 22.11 modifies Section 1.1 (Grant of Franchise), Section 2.1 (Initial Term), and Section 2.2 (Renewal Term). For Carvel Hosted Express Shoppes, Section 22.11 amends Section 1.1 (Grant of Franchise), Section 2.1 (Initial Term), and Section 2.2 (Renewal Term). For Carvel Express Shoppes, Section 22.11 amends Section 1.1 (Grant of Franchise), Section 2.1 (Initial Term), and Section 2.2 (Renewal Term). For Carvel Swirl Businesses, Section 22.11 amends Recital D, Section 1.1 (Grant of Franchise), Section 1.4 (Owners of Equity), Section 2.2 (Conditions for Renewal Term) and Section 3 (Fees).
Additionally, Section 22.11 amends Section 3.5 (Interest), Section 4.3 (Catering Services and Delivery Services), Section 17.2 (Our Termination: No O, Section 18.1 (General Obligations), Section 18.1.F (General Obligations), Section 18.3.A (Amount), and Section 18.4 (Additional Obligations). Prospective franchisees should carefully review Section 22.11 in its entirety to understand how it modifies the standard agreement for their specific franchise type.