What constitutes the entire agreement between Checkersrallys and the franchisee regarding the subject matter of the addendum?
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 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 Checkersrallys's 2025 Franchise Disclosure Document, the addendum contains the entire understanding and agreement between Checkersrallys and the franchisee regarding the addendum's specific subject matter. This means that all prior communications, whether written or oral, are superseded by the terms outlined in the addendum. This clause ensures clarity and avoids disputes based on previous discussions or agreements that are not explicitly included in the addendum.
This "entire agreement" clause is a common provision in franchise agreements and addenda. It aims to provide certainty and prevent either party from later claiming that there were additional understandings or promises that were not documented. For a prospective Checkersrallys franchisee, this means it is crucial to ensure that all essential terms and conditions are clearly stated within the addendum itself.
Furthermore, the addendum specifies that it cannot be altered, amended, or modified unless both Checkersrallys and the franchisee agree to do so in writing. This requirement for written modifications reinforces the importance of documenting any changes to the original agreement. It protects both parties by preventing misunderstandings or disputes arising from alleged verbal agreements or informal communications. Therefore, any modifications to the addendum must be formally documented and executed by both parties to be considered valid and enforceable.