Does the Christian Brothers Automotive agreement require amendments to be in writing and signed by both parties to be valid?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
IN WITNESS WHEREOF, the parties acknowledge that they have read and understand the contents of this Amendment, that they have had the opportunity to obtain the advice of counsel. Intending to be legally bound, the parties have fully and duly executed, sealed and delivered this Amendment on the day of, 20 CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION a Texas corporation
AMENDMENT TO CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION DISCLOSURE DOCUMENT AND FRANCHISE AGREEMENT FOR THE STATE OF NEW YORK
The Christian Brothers Automotive Corporation Disclosure Document (the "Disclosure Document") and Franchise Agreement ("Franchisee") and Christian Brothers Automotive Corporation, a Texas corporation ("CBAC"), dated, 20 (the "Agreement") shall be amended by the addition of the following language, which shall be considered an integral part of the Disclosure Document and Agreement (this "Amendment"):
NEW YORK LAW MODIFICATIONS
Source: Item 22 — CONTRACTS (FDD page 76)
What This Means (2025 FDD)
Based on the 2025 Christian Brothers Automotive Franchise Disclosure Document, any amendments to the franchise agreement must be in writing and duly executed, sealed, and delivered by both parties. This requirement is highlighted in the context of amendments made to comply with specific state laws, such as those in New York, Minnesota, Indiana, Maryland, and Virginia. These amendments explicitly state that they become an integral part of the original Disclosure Document and Franchise Agreement once they are properly executed by both the franchisee and Christian Brothers Automotive Corporation.
This stipulation ensures that all modifications to the original agreement are formally documented and agreed upon by both parties, preventing potential misunderstandings or disputes. The inclusion of signature pages in the provided excerpts further emphasizes the necessity of written and signed amendments. This is a standard practice in franchising to maintain clarity and enforceability of contract terms.
For a prospective Christian Brothers Automotive franchisee, this means that any changes to their franchise agreement must be documented in writing and formally agreed upon by both the franchisee and Christian Brothers Automotive. It protects both parties by ensuring that all amendments are clear, concise, and legally binding. Franchisees should pay close attention to this requirement and ensure that any modifications are properly documented and signed to avoid future disputes.