Can the Chick Fil A agreement be modified orally?
Chick_Fil_A Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.2 Amendment. This Lease may not be amended, supplemented or otherwise modified orally or by any course of dealing or performance and shall only be deemed amended, supplemented or otherwise modified by a further agreement in writing duly executed and delivered by Chickfil-A and the Operator; provided, however, Chick-fil-A may amend or modify this Lease and its Exhibits from time to time as expressly provided for in this Lease. No attempted waiver or cancellation of any provision of this Lease shall bind Chick-fil-A unless in writing and signed by Chick-fil-A.
Source: Item 23 — Receipts (FDD pages 103–600)
What This Means (2025 FDD)
According to Chick Fil A's 2025 Franchise Disclosure Document, the Lease agreement cannot be amended, supplemented, or modified orally. Any modifications must be made through a written agreement that is duly executed and delivered by both Chick-fil-A and the Operator. However, Chick-fil-A retains the right to amend or modify the Lease and its Exhibits as expressly provided within the Lease itself. Furthermore, any attempted waiver or cancellation of any provision within the Lease will not be binding on Chick-fil-A unless it is in writing and signed by Chick-fil-A.
This requirement for written modifications provides clarity and legal certainty for both Chick Fil A and its Operators. It prevents misunderstandings or disputes that could arise from verbal agreements. This is a fairly standard practice in franchising, as it ensures that all parties are clear on their obligations and rights, and that any changes are properly documented.
Prospective Chick Fil A franchisees should understand that any promises or representations made by Chick Fil A that are not documented in the Franchise Agreement or the FDD are not binding. This underscores the importance of carefully reviewing all documents and seeking legal counsel to fully understand the terms and conditions of the franchise agreement. Franchisees should ensure that any modifications or waivers are properly documented in writing to protect their interests.