What constitutes the entire agreement regarding the subject matter of the Checkersrallys 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 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 the 2025 Checkersrallys Franchise Disclosure Document, each addendum contains the entire understanding and agreement between Checkersrallys and the franchisee regarding the addendum's specific subject matter. This clause ensures that the written terms of the addendum are the sole and complete representation of the agreement between both parties, providing clarity and preventing disputes based on prior unwritten understandings.
This "entire agreement" clause explicitly supersedes any prior written or oral exchanges, arrangements, or negotiations between Checkersrallys and the franchisee or their representatives. This means that any discussions, promises, or agreements made before the final addendum are not binding unless they are incorporated into the written document. This protects both Checkersrallys and the franchisee by ensuring that all relevant terms are documented and agreed upon in writing.
The addendum also states that it cannot be altered, amended, or modified unless done so in writing and properly executed by both parties. This requirement for written modifications ensures that any changes to the agreement are formally documented and agreed upon, preventing misunderstandings or disputes over alleged verbal agreements. This provision is a standard practice in franchising to maintain the integrity and enforceability of the franchise agreement and its addenda.