How does the Checkers Addendum relate to the existing Franchise Agreement?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, the Parties now desire to modify the Franchise Agreement according to the terms and conditions set forth in this Addendum.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
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- Relationship to Franchise Agreement; Recitals. This Addendum shall be annexed to and form a part of the Franchise Agreement. All capitalized terms not otherwise defined in this Addendum shall have the meanings set forth in the Franchise Agreement. Except as modified by this Addendum, the Franchise Agreement remains in full force and effect. Any conflict between the provisions hereof and the Franchise Agreement shall be construed in favor of this Addendum. All references in this Addendum to "Sections," "Subsections," and/or "Exhibits" shall mean the applicable Section(s), Subsection(s), and/or Exhibit(s) of the Franchise Agreement, unless specified otherwise below. The Recitals above are incorporated into this Addendum by reference.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, an addendum modifies the existing Franchise Agreement. Specifically, the addendum is annexed to and forms a part of the Franchise Agreement. Unless otherwise defined in the addendum, all capitalized terms used within it have the same meanings as defined in the original Franchise Agreement.
According to the FDD, the Franchise Agreement remains in full force and effect except for the specific modifications outlined in the addendum. In case of any conflict between the provisions of the addendum and the Franchise Agreement, the terms of the addendum will take precedence. The recitals, or introductory statements, within the addendum are incorporated into the addendum itself by reference, meaning they are considered an integral part of the agreement.
Several addenda are listed as exhibits. These include the Existing Franchisee Incentive Addendum, the 2025 Growth Incentive Addendum, the Non-Traditional Site Addendum, the Vet Fran Incentive Addendum, and the Women Business Owner Incentive Addendum. These addenda modify the franchise agreement based on specific circumstances like franchisee status, location type, or participation in incentive programs.