Can the Checkersrallys franchise agreement be modified orally?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
rs, Affiliates, officers, directors, employees, agents, successors and assigns by way of class action, or by way
of a multi-plaintiff, consolidated or collective action. In any legal action between the parties, the court shall not be precluded from making its own independent determination of the issues in question, notwithstanding the similarity of issues in any other legal action involving us and any other franchisee, and each party waives the right to claim that a prior disposition of the same or similar issues precludes such independent determination.
18.11 Construction.The language of this Agreement shall be construed according to its fair meaning and not strictly for or against any party. The introduction, personal guarantees, exhibits and riders (if any) to this Agreement are a part of this Agreement, which constitutes the entire agreement of the parties. Except as otherwise expressly provided herein, there are no other oral or written agreements, understandings, representations or statements relating to the subject matter of this Agreement, that either party may or does rely on or that will have any force or effect, except that nothing in this Agreement shall disclaim or require you to waive reliance on any representation we made in our most recent Franchise Disclosure Document (including that document's exhibits and amendments) delivered to you or your representative. Nothing in this Agreement shall be deemed to confer any rights or remedies on any person or legal entity not a party hereto.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Checkersrallys Franchise Disclosure Document, the franchise agreement cannot be modified orally. Item 22 of the FDD regarding contracts states that the agreement cannot be altered, amended, or modified except through a written agreement signed by both Checkersrallys and the franchisee. This requirement for written modification ensures that all changes to the franchise agreement are documented and agreed upon by both parties, preventing potential misunderstandings or disputes.
This clause is a standard practice in franchising to provide clarity and legal certainty. Franchise agreements are complex legal documents, and requiring modifications to be in writing helps protect both the franchisor and the franchisee. It ensures that any changes are formally recorded and acknowledged, reducing the risk of disagreements over the terms of the agreement.
The addendum to the franchise agreement also reinforces this requirement, stating that it contains the entire understanding of the parties and supersedes any prior oral agreements. It explicitly notes that the addendum may not be altered, amended, or modified except by a written document properly executed by both Checkersrallys and the franchisee. This consistent emphasis on written modifications underscores the importance of formal documentation in any changes to the franchise relationship.