Can the Central Bark Doggy Day Care franchise agreement be modified orally?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise agreement, multi-unit franchise agreement, or other agreement | Summary | |||
|---|---|---|---|---|---|
| 10 mile radius of any CENTRAL BARK facility (same restrictions apply after transfer) | |||||
| s. Modification of the | FA - XXV. | No modifications except in writing, but We may change | |||
| agreement | MUFA – 10.12 | Operating Manual No modifications except in writing |
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 contains specific stipulations regarding modifications. The FDD clearly states that modifications to the Franchise Agreement must be in writing to be valid. This requirement extends to the Multi-Unit Franchise Agreement (MUFA) as well, reinforcing the necessity for written documentation for any changes. However, Central Bark Doggy Day Care retains the right to change the Operating Manual.
This "no oral modifications" clause is a standard provision in franchise agreements across various industries. It protects both the franchisee and Central Bark Doggy Day Care by preventing disputes arising from alleged verbal agreements. Franchisees should be aware that any promises or representations made by Central Bark Doggy Day Care personnel that are not documented in writing as part of the franchise agreement may not be legally binding.
Prospective franchisees should ensure that all material terms and conditions they agree upon during negotiations with Central Bark Doggy Day Care are explicitly included in the written franchise agreement. This includes any specific promises, guarantees, or deviations from the standard agreement terms. Relying solely on verbal assurances could leave a franchisee vulnerable, as such assurances may be difficult or impossible to enforce. Therefore, it is crucial to have legal counsel review the franchise agreement before signing to confirm that it accurately reflects the agreed-upon terms.