Does the Checkersrallys addendum represent the entire agreement between the franchisor and franchisee regarding its subject matter?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
we will reduce the initial franchise fee payable for the third and subsequent Restaurants opened by fifty percent (50%).
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- Additional Condition(s). If you breach, fail to satisfy, or are later found to have violated or failed to satisfy, any of the criteria listed in Section 2 above in this Addendum, at any point during the Term, then in addition to any other remedies available under the Franchise Agreement (including termination) or at applicable law, you must pay us (no later than thirty (30) days after our written notice to you) the amount or value of any fee reduction, discount, or other benefit afforded to you pursuant to Section 3 above.
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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.
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- Counterparts.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Checkersrallys Franchise Disclosure Document, the addendum contains the entire understanding regarding its specific subject matter. The addendum supersedes any prior written or oral agreements related to that subject matter. This means that once the addendum is signed, any previous discussions or drafts are no longer relevant, and only the terms within the addendum are legally binding.
This "entire agreement" clause is a standard provision in franchise agreements and addenda. It aims to provide clarity and prevent disputes based on misunderstandings or undocumented promises. For a Checkersrallys franchisee, this clause emphasizes the importance of carefully reviewing and understanding the addendum before signing, as it represents the complete set of obligations and rights concerning the specific topic it addresses.
The addendum can only be altered, amended, or modified through a written document that is properly executed by both Checkersrallys and the franchisee. This requirement ensures that any changes to the agreement are documented and agreed upon by both parties, preventing unilateral modifications or disputes over alleged verbal agreements. The addendum may be executed in counterparts and by electronic signatures.