Can the Checkers Addendum be altered, amended, or modified orally?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Entire Agreement. Franchisor and Franchisee each acknowledges that this Addendum: contains the entire understanding and agreement of the Parties with respect to this Addendum's subject matter; supersedes all other written or oral agreements between them or their representatives in this regard; and may not be altered, amended or modified, except by a writing properly executed by the Parties.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, the Addendum contains the entire agreement between Checkers and the franchisee regarding its subject matter. It also states that the Addendum supersedes all prior written or oral agreements.
Specifically, the Addendum cannot be altered, amended, or modified except through a written agreement that is properly executed by both Checkers and the franchisee. This requirement for written modifications ensures that any changes to the agreement are documented and agreed upon by both parties, preventing potential disputes or misunderstandings.
This provision is typical in franchise agreements, as it provides clarity and legal certainty. Franchisees should be aware that any verbal promises or agreements made outside of the written Addendum are not binding. It is crucial to have all modifications or amendments documented in writing and properly executed to ensure they are enforceable.