Does the Central Bark Doggy Day Care Franchise Agreement allow for modifications other than in writing?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
covenants after the franchise is terminated or expires | FA - XVI.D. | No direct or indirect ownership interest in, or performing services for, or leasing premises to, or diverting business to, competing businesses for 2 years at your Franchised Business, within 10 mile radius of your Franchised Business or 10 mile radius of any CENTRAL BARK facility (same restrictions apply after transfer) No direct or indirect ownership interest in, or performing services | | | MUFA - | for, or leasing premises to, or diverting business to, competing | | | 8.1 | businesses for 2 years within the Multi-Unit Territory or within a | | Provision | Section in franchise agreement, multi-unit franchise agreement, or other agreement | Summary | | | | |------------------------------------------------------|----------------------------------------------
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 38–42)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, the Franchise Agreement and Multi-Unit Franchise Agreement (MUFA) stipulate that modifications must be in writing. Specifically, the FDD states, "No modifications except in writing" for both the Franchise Agreement and the MUFA. However, Central Bark Doggy Day Care retains the right to change the Operating Manual.
This requirement for written modifications is a standard practice in franchising to ensure clarity and prevent disputes. Franchisees should be aware that any verbal agreements or promises made by Central Bark Doggy Day Care representatives that are not documented in writing may not be legally binding. This protects both the franchisee and Central Bark Doggy Day Care by providing a clear record of any changes to the original agreement.
Prospective Central Bark Doggy Day Care franchisees should ensure that any desired changes or amendments to the Franchise Agreement are formally documented in writing and signed by both parties. This will help avoid misunderstandings and ensure that all agreed-upon terms are enforceable. Franchisees should also note that while the agreement requires written modifications, Central Bark Doggy Day Care can unilaterally change the Operating Manual, which could impact the day-to-day operations of the franchise.