Can the Checkers addendum be altered or amended by oral agreement?
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 exchanges, arrangements or negotiations 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' 2025 Franchise Disclosure Document, the addendum contains the entire understanding and agreement of both Checkers and the franchisee. It also states that the addendum supersedes all other written or oral exchanges, arrangements, or negotiations between them or their representatives. Therefore, the addendum cannot be altered, amended, or modified except through a written agreement properly executed by both parties.
This clause is a standard feature in franchise agreements. It ensures that all modifications are documented and agreed upon in writing, preventing potential disputes arising from misunderstandings or disagreements about verbal agreements. This protects both Checkers and the franchisee by providing a clear and unambiguous record of any changes to the original agreement.
As a prospective Checkers franchisee, it is crucial to understand that any promises or representations made by Checkers representatives that are not explicitly included in the written addendum are not legally binding. Franchisees should ensure that all agreed-upon terms and conditions are documented in writing and properly executed to avoid future conflicts.