Can the Checkersrallys Addendum be altered or amended orally?
Checkersrallys 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 Checkersrallys's 2025 Franchise Disclosure Document, the Addendum to the franchise agreement cannot be altered, amended, or modified through oral agreements. The document explicitly states that any changes must be made in writing and properly executed by both parties, the Franchisor and the Franchisee. This requirement ensures that all modifications are formally documented and agreed upon, preventing potential misunderstandings or disputes.
This provision is standard practice in franchising to maintain clarity and enforceability of the franchise agreement. By requiring written amendments, Checkersrallys aims to provide a clear record of any changes, which protects both the franchisor and the franchisee. This also aligns with general legal principles regarding contract modifications, which often require written evidence, especially for complex agreements.
For a prospective Checkersrallys franchisee, this means that any discussions or promises made verbally by the franchisor or its representatives are not binding unless they are formalized in a written amendment to the Addendum. Therefore, it is crucial for franchisees to ensure that any agreed-upon changes are documented in writing and properly signed by both parties to avoid future disputes. This requirement applies to various addenda, including the Growth Incentive Addendum, Vet Fran Incentive Addendum, and Women Business Owner Incentive Addendum.