What is the status of the original Franchise Agreement when an addendum is in effect for Checkersrallys?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, the Parties now desire to modify the Franchise Agreement according to the terms and conditions set forth in this Addendum.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
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- Relationship to Franchise Agreement; Recitals. This Addendum shall be annexed to and form a part of the Franchise Agreement. All capitalized terms not otherwise defined in this Addendum shall have the meanings set forth in the Franchise Agreement. Except as modified by this Addendum, the Franchise Agreement remains in full force and effect. Any conflict between the provisions hereof and the Franchise Agreement shall be construed in favor of this Addendum. All references in this Addendum to "Sections," "Subsections," and/or "Exhibits" shall mean the applicable Section(s), Subsection(s), and/or Exhibit(s) of the Franchise Agreement, unless specified otherwise below. The Recitals above are incorporated into this Addendum by reference.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, an addendum is annexed to and forms a part of the Franchise Agreement. Except as modified by the addendum, the original Franchise Agreement remains in full force and effect. This means that all the terms and conditions of the original agreement still apply, unless they are specifically changed by the addendum.
Any capitalized terms not defined in the addendum will have the meanings set forth in the Franchise Agreement. All references to sections, subsections, and/or exhibits refer to the applicable parts of the Franchise Agreement, unless otherwise specified in the addendum. The recitals, which are introductory statements, are incorporated into the addendum by reference, further linking the two documents.
In the event of a conflict between the addendum and the Franchise Agreement, the terms of the addendum will take precedence. This ensures that the most recent modifications agreed upon by both parties are upheld. This clause clarifies that the addendum is intended to modify specific aspects of the original agreement while leaving the rest of the agreement intact and enforceable.