According to the Checkersrallys agreement, can the agreement be modified orally?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION IN FRANCHISE OR OTHER AGREEMENT | SUMMARY | |
|---|---|---|---|
| o. | Franchisor's option to purchase developer's development rights | Not applicable | Not applicable |
| p. | Death or disability of developer | Section 7.05 | Franchise must be assigned by estate to approved buyer within nine months. |
| q. | Non-competition covenants during the term of the agreement | Section 6.02 | No involvement in any competing business regardless of its location. |
| r. | Non-competition covenants after the agreement is terminated or expires | Section 9.02 | No competing business for 2 years within your Development Area or within 3 miles of any other Checkers Restaurant or Rally's Restaurant. |
| s. | Modification of the agreement | Section 10.10 | No modifications except by written agreement signed by both parties. |
| t. | Integration/merger clause | Section 10.11 | Only terms of Development Agreement are binding (subject to state law); any representations or promises outside the disclosure document and development agreement may not be enforceable. However, nothing in the Development Agreement or any related agreement is intended to disclaim our representations made in this Disclosure Document. |
| u. | Dispute resolution by negotiation, mediation & arbitration | Section 10.06 | All claims, disputes and controversies shall be arbitrated on demand by either party. |
| v. | Choice of forum | Section 10.05 | If dispute is not arbitrated, then Florida State and Federal courts (subject to state law, see Exhibits I and J). |
| w. | Choice of law | Section 10.07 | Subject to state law, Florida law applies generally, except for applicable franchise laws of other states (see Exhibits I and J). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 66–71)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, the franchise agreement generally cannot be modified orally. Both the Development Agreement and the Franchise Agreement include clauses stating that modifications must be in writing and signed by both Checkersrallys and the franchisee to be valid.
Specifically, Section 10.10 of the Development Agreement and Section 18.10 of the Franchise Agreement state that no modifications are allowed unless they are part of a written agreement that has been signed by both parties. This requirement ensures that all changes to the original agreement are documented and agreed upon in writing, preventing potential misunderstandings or disputes in the future.
This type of clause is standard in franchise agreements to provide clarity and legal certainty. However, the Operations Manual and System are subject to change by Checkersrallys. Prospective franchisees should understand that while the core agreement requires written modifications, Checkersrallys retains the right to update operational procedures as outlined in the Operations Manual.