Can the Chocolate Fish Coffee franchise agreement be modified orally?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section in franchise | Summary |
|---|---|---|
| s. Modification of the | No modification or amendment of the | |
| agreement | ||
| agreement will be effective unless it is in | ||
| writing and signed by both parties. This | ||
| provision does not limit our right to modify the | ||
| Manual or system specifications. | ||
| t. Integration/merger | Only the terms of the agreement are binding | |
| clause | ||
| (subject to state law). Any representations or | ||
| promises outside of the disclosure document | ||
| and franchise agreement (or MUDA) may not | ||
| be enforceable. However, no claim made in | ||
| any franchise agreement (or MUDA) is | ||
| intended to disclaim the express | ||
| representations made in this Disclosure | ||
| Document. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 33–36)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the franchise agreement cannot be modified orally. The FDD states that any modification or amendment to the agreement must be in writing and signed by both Chocolate Fish Coffee and the franchisee to be considered effective. However, this provision does not limit Chocolate Fish Coffee's right to modify the Manual or system specifications.
This requirement for written modifications is a standard practice in franchising. It protects both the franchisee and Chocolate Fish Coffee by ensuring that any changes to the original agreement are clearly documented and agreed upon by both parties. This helps to avoid misunderstandings or disputes that could arise from verbal agreements.
Prospective Chocolate Fish Coffee franchisees should be aware that any promises or representations made outside of the written franchise agreement and the disclosure document may not be enforceable. This underscores the importance of carefully reviewing all documents and ensuring that all agreed-upon terms are included in the written agreement. While verbal assurances might be given during the negotiation process, only the terms within the signed contract are legally binding, subject to state law.