Can the Checkers franchise agreement addendum be altered or amended 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 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 franchise agreement addendum cannot be altered, amended, or modified through oral agreements. Several sections within Item 22: Contracts of the FDD explicitly state that any changes to the addendum must be in writing and properly executed by both Checkers and the franchisee. This requirement ensures that all modifications are documented and legally binding, preventing potential disputes arising from verbal agreements.
This provision is a standard practice in franchising to maintain clarity and enforceability of the franchise agreement. By requiring written amendments, Checkers aims to protect both its interests and those of its franchisees. It ensures that all parties are fully aware of any changes to the agreement and have formally agreed to them in writing. This reduces the risk of misunderstandings or conflicting interpretations of the agreement's terms.
For a prospective Checkers franchisee, this means that any discussions or promises made by Checkers representatives that are not documented in a written amendment to the franchise agreement are not legally binding. Therefore, it is crucial for franchisees to ensure that any agreed-upon changes are formalized in writing and properly executed by both parties. This protects the franchisee's rights and ensures that the terms of the franchise agreement are clear and enforceable.