How does this addendum modify the Checkersrallys Franchise Agreement regarding conflicts between the two documents?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
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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 the 2025 Checkersrallys Franchise Disclosure Document, the addendum modifies the franchise agreement by stating that the addendum takes precedence in the event of any conflicts.
Specifically, the addendum is annexed to and forms a part of the Franchise Agreement, and all terms defined in the Franchise Agreement retain their original meanings unless otherwise specified in the addendum. The Franchise Agreement remains in full effect except for the modifications introduced by the addendum.
Most importantly, the document states that "Any conflict between the provisions hereof and the Franchise Agreement shall be construed in favor of this Addendum." This means that if there's a disagreement or contradiction between what's written in the original Franchise Agreement and what's written in the addendum, the terms of the addendum will be the ones that are followed. This ensures that the changes and updates outlined in the addendum are prioritized and implemented correctly.