factual

For a Chatime franchise, must an agreement to vary a time requirement be in writing?

Chatime Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (2) If the parties agree to vary a time requirement the time requirement so varied is of the essence of this Agreement.
  • (3) An agreement to vary a time requirement must be in writing.

Source: Item 23 — Receipts (FDD pages 58–262)

What This Means (2025 FDD)

According to the 2025 Chatime Franchise Disclosure Document, any agreement to modify a time requirement related to the franchise agreement must be documented in writing. This means that if Chatime and a franchisee decide to change a deadline or timeframe specified in the franchise agreement, they must create a written document outlining the change and both parties must agree to it.

This requirement ensures clarity and avoids potential misunderstandings or disputes about agreed-upon changes. It also provides a clear record of the agreed variation, which can be important for future reference and compliance. Without a written agreement, it would be difficult to prove that a change was mutually agreed upon.

The Chatime FDD also states that if the parties agree to vary a time requirement, the time requirement so varied is of the essence of the agreement. This means that the changed time requirement is a critical term of the agreement, and failure to meet the varied time requirement could be considered a breach of contract. This underscores the importance of adhering to any agreed-upon changes to time requirements.

In the franchise industry, it is a common practice to require written agreements for any modifications to the original contract. This protects both the franchisor and the franchisee by providing a clear and enforceable record of any changes to the terms of the agreement. This requirement in the Chatime franchise agreement aligns with standard industry practices.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.