Is the Rider for Checkersrallys considered part of the Franchise Agreement?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
10.11 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 between us and you 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 is intended or shall be deemed to confer any rights or remedies on any person or legal entity not a party hereto. This Agreement shall not be modified except by written agreement signed by both parties.
The headings of the sections are for convenience only and do not limit or construe their contents. The term "including" shall be construed to include the words "without limitation." The term "Area Franchisee" or "you" is applicable to one or more persons, a business corporation, limited liability company or a partnership and its owners, as the case may be. If two or more persons are at any time Area Franchisee hereunder, whether as partners, joint venturers or otherwise, their obligations and liabilities to us shall be joint and several. References to a controlling interest in an entity shall mean more than fifty percent (50%) of the equity and voting control of such entity.
This Agreement may be executed in multiple copies, each of which shall be deemed an original. Time is of the essence in this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, the riders to the Franchise Agreement are considered part of the agreement. Specifically, the franchise agreement, along with its introduction, personal guarantees, exhibits, and riders, constitutes the entire agreement between Checkersrallys and the franchisee. This means that all terms and conditions outlined in the riders are legally binding and enforceable as part of the overall Franchise Agreement.
This inclusion is significant for prospective franchisees because it means they must carefully review all riders attached to the Franchise Agreement. Riders can modify or add to the standard terms of the agreement, and understanding these changes is crucial. For example, there may be state-specific riders that address legal requirements or modifications to the agreement based on the franchisee's location, as seen with the Illinois Rider to the Franchise Agreement.
Therefore, franchisees should pay close attention to any riders, exhibits, or addenda included with the Franchise Agreement, as these components are integral to understanding their rights and obligations under the franchise. It is advisable to seek legal counsel to review the entire agreement, including all riders, to fully grasp the implications before signing.