Under the Chick Fil A lease agreement, can the lease be amended 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 orally. The document states that any amendment, supplement, or modification to the lease must be in writing and duly executed by both Chick-fil-A and the operator. This requirement ensures that all changes to the lease are documented and agreed upon by both parties, preventing potential misunderstandings or disputes.
This provision protects both Chick-fil-A and the franchisee by providing a clear and unambiguous record of any changes to the lease terms. It prevents either party from claiming that an oral agreement altered the lease, which could be difficult to prove and could lead to legal challenges. The written requirement ensures that all amendments are made consciously and with mutual consent.
For a prospective Chick-fil-A franchisee, this means that any discussions or agreements regarding changes to the lease must be formalized in writing to be legally binding. It is crucial to ensure that all agreed-upon modifications are properly documented and signed by authorized representatives of both Chick-fil-A and the franchisee to avoid future disputes or misunderstandings.